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Old 03-03-2016, 12:38 PM
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It's one thing to win a small claims court case; it's another thing to actually collect on that win. To file a small claims court case without first approaching the defendant to attempt to reach a settlement is a bit heavy handed. I'd want to see if the insurance settlement included an agreement that the plaintiff accepted that payment as payment in full for all claims and damages. Did the plaintiff really need a rental car for a month? If the plaintiff's vehicle really was totaled, I'd expect the insurance company would have issued a check for the replacement value of that vehicle. Did that actually happen? Rear ended the car and totaled it - where's the whiplash claim??? I smell fish all over this one.