Legal Question in Civil Litigation in California
Car hit and run my home and yard
I'm afraid that my home insurance adjuster refused to attribute the crack in my kitchen wall and demolished counter tiles all over the floor as a result of the car's impact to the wall. He claimed since it's an old home, the damage was due to underlying wear and tear. He only gave me a check for $1,000 to cover the destruction of my concrete yard wall attached to the house. Now I'd spoken with the police who'd followed home the driver from the accident and filed a police report, inlcuding a DUI. I was told by my insurance that I'd have no legal rights to sue the driver if the insurance check was insufficient to cover the property damage. This week, I had a contractor and home inspector tell me that there was serious structural cracks to my wall where the car hit in addition to the destruction of my kitchen cabinets.
Do I have any rights at all here? I was given an estimate of approximately $45,000.00 to repair the damage! I'm shocked and feel really betrayed by my insurance company to say the least. What's my next move? My home's value has been reduced by over $100,000.00 from this damage - and therefore I cannot even get an equity loan to fix it! Help!!
4 Answers from Attorneys
Re: Car hit and run my home and yard
You have several options. You have the right to sue the offending driver with recovery rights defined by the case, subject possibly to the insurer's right to subrogate against the 1st $1,000.00 paid.
If you haven't signed a release for the carrier payment, wiht the new information available, re-submit to the carrier for reconsideration. Most policies carry an arbitration provision for this type of claim, invocable by either party. If you go this route, you will want an attorney to represent you.
You may also have a claim against the carrier for breach of contract/breach of the implied covenant (i.e. bad faith) usable either in a suit or as a negotiating technique. Again, in this are, you'd probably need counsel to handle the matter.
If you have not signed a release from the carrier--don't. If you have not negotiated the check given--don't.
Talk to counsel 1st.
Re: Car hit and run my home and yard
Obviously, its time to get an attorney. You need to bring a claim and lawsuit against the driver and owner of the car, and against your insurance company for bad faith dealing. Feel free to contact me if interested in doing so. Don't agree to any such proposed settlement until you are happy with the amount paid by your insurance company.
Re: Car hit and run my home and yard
It depends on whether you signed a release in connection with your receipt of $1,000 from the driver's insurance company and whether you cashed the check.
You might make a claim against your own homeowners policy and see what it can do to help you.
Re: Car hit and run my home and yard
Your insurance company is probably wrong. 1. you may be due more money from them and 2. you can probably sue the driver.
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