Legal Question in Insurance Law in California

Re: Children throw rocks on car

An insurance company cannot put you in collections without filing and winning a lawsuit. A case is harder to win without a police report, but the families already admitted liability when they offered to pay. However, even if liability is not an issue, the amount of money owed can be. If a Judge thinks that the cost of repairs was excessive he may reduce the amount owed. You do not have to pay anything until a Judge orders you to. I think the Court would see your agreement to pay the insurance company, and her rental, as good faith. She went to her insurance company she should pay the deductible. If you want to fight it out in Court, that is your right. You never know what a Judge is going to do, plus it buys you time. You could put that $4,000 in a 12 month CD and make insterest on it until you receive a Judgment. I wish you the best of luck.

Sincerely,

John Hayes, Esq.

Re: Children throw rocks on car

You should immediately have each family file this

claim with their own homeowner's insurer. You, as

a parent, are insured for the acts of your children.

Your liability is under Civil Code Sec. 1714.1, and is

limited to $25,000 ($10,000 in some circumstances.)

Your insurer should cover this without any further

involvement on your part. Make sure that each of

the families report this so that your insurer does

not bear the whole burden and so your premiums won't

be increased.

Who was supposed to be supervising the children on

the church grounds? There may be some responsibility

there also.

You may call me if you have any questions.