Legal Question in Civil Litigation in California
car accident
my 19 yr old sons car was hit by a drunk driver while parked on the street in front of our house. the car was totalled and insurance paid him for the loss of the car. Four months before the accident he spent about $1200.00 of maintenance on the car so he wouldn't have to buy another car and have monthly installment payments. Do we have the right to sue the other party for this amount and can this be done in small claims court to lower our cost to sue? and what are our chances of winning?
1 Answer from Attorneys
Re: car accident
The insurance paid for the value of the car. The value of the car is determined by many factors, including the nature and extent of recent repairs. If you believed the repairs made the car more valuable than the insurance company believed, you had to raise the issue before you accepted the money. It is now almost certainly too late, since the insurance company must have had you release its insured from liability when you accepted the payment.
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