Legal Question in Civil Litigation in California

Re: Obligation for damages as a result of a traffic accident

I assume from your message that there were 3 cars involved in the accident and you are uninsured? If you are insured you need to give a copy of the complaint to your insurance company. If you are not insured than you can be sued for loss of property and meds in small claims court.

Re: Obligation for damages as a result of a traffic accident

I would like to add one more thought. If you did have insurance, in your insurance company settled with him, they should have received a release of liability in writing as a condition of settlement. Contact your insurance company and tell them you need a copy of the release of liability for use in small claims court.

Re: Obligation for damages as a result of a traffic accident

If you are insured, your insurance company is responsible for this bill as well as your defense in this matter. If you were not insured, you do have to deal with the matter yourself. A $3500 rental car bill is outrageous when the total loss of the vehicle was only $2,000. The way rental cars normally work is they are provided, on a reimbursement basis, either by the at-fault driver's insurance company, or by the party's own insurance company if the at-fault driver was uninsured. A party is entitled to a rental car that is comparable to the car that was damaged ie. if they drove a four door sedan they can rent a four door sedan, not a luxury SUV. They are entitled to a rental car from the date of the accident until their car is repaired, or they agree to a settlement for a total loss. This guy is trying to pull a fast one.

When you go into Court you need to be prepared. You should request the insurance companies involved immediately fax you the following: a complete billing statement for the rental car which should include the make and model of the car, the cost per day, and the period of time it was rented for; statements from both companies showing the amount they paid towards the bill; copy of the letter sent by the insurance company authorizing a rental, or in the alternative the letter informing the party about their right to a rental car; a copy of the estimate from the auto shop where the vehicle was taken to be examined after the accident; a copy of the signed and dated release for the settlement of the property damage (agreement showing the amount paid to the party for the total loss vehicle); a copy of any and all car insurance policies relevant to the accident. The insurance adjusters' should be able to fax you copies of all these documents within 24 hours since your courtdate is probably soon.

If you bring all of these documents to Court, you should be able to show the Judge that the amount due on the rental car is unreasonable and you should not be made to pay. If you consider you can rent a compact car, which is comparable and fair if the damaged car was only worth $2000, for about $20/day the bill should only be $1200 if the Judge allows the fact that a rental car was needed for two months.

What I think happened is this guy went out and got a really expensive luxury car the minute the insurance company told him he could. When he turned in his bill they told him no way were they going to pay that much. Most policies allow a maximum charge of $20/day, and allows for however many days elapsed from the day he rented it up to the day he agreed to settle the case (not the day he got the check or when he got a replacement car).

I hope this helps you out.If you have any questions , please feel free to email me directly at [email protected]

Sincerely,

John Hayes, Esq.