Legal Question in Civil Litigation in California
Auto Accident - Subrogation & Potential Lawsuit
I was rear-ended by a postal truck. My (lousy) insurance co advised me to use my collision coverage and subrogate against the post office -- in fact they inferred I had no choice. This is a long story, but the repairs were done improperly, the body shop forged and cashed the ck before the work was done, and now, besides dealing with that mess, we find out my ins co has not been pursuing legal remedies against the post office -- especially my deductible and my rental car expenses (which were quite high). My question: Is it too late to file suit against the post office (it's been a few days over one year since the accident, but only about 8 months since the car was "finished" and the subrogation paper work submitted to us)? If it's too late to sue the post office, can we sue the insurance company for failing to complete their fiduciary duties in this matter?
1 Answer from Attorneys
Re: Auto Accident - Subrogation & Potential Lawsuit
If you are only seeking reimbursement for property damage you have three years from the date of the accident. It is up to your insurance company whether or not to pursue subrogation against the post office for the money they paid to fix your vehicle. If your vehicle was not repaired to the condition prior to the accident the shop is liable for the cost of repairing the damage they failed to repair. As far as your deductible and other costs you were forced to pay, it is your responsibility to seek compensation from the post office. If you would like additional information about retaining my services to help you in this matter please feel free to email me at [email protected]. It is hard to get money from a government agency but not impossible. I can also help you get your car repaired, or go after the auto shop for money you had to pay out of your pocket to repair the damage they did not.
I look forward to hearing from you.
Sincerely,
John Hayes, Esq.
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