Legal Question in Insurance Law in California

Valet damaged car, liability for rental?

1) Valet crashed my car. Admitted fault in writing.

2) Their insurance assessed car as a total, but gave me sufficient money to have it repaired.

3) But since they assessed ''total'', they are refusing to cover the cost of a rental car until I got my car back. Since it was ''my choice'' to have my car repaired.

4) I am out of pocket just under US$2,000 (that's simply the cost of the rental until the day I got my car back).

5) Valet company represented to me that they would cover rental car costs. I put this understanding in writing in a letter to them.


Asked on 6/11/04, 12:50 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Valet damaged car, liability for rental?

Depending on when the promise was made and when the incident happened, you can go to small claims court and seek a judgment for the car rental -- although it seems a bit high. Bring your receipts with you and perhaps a witness, the body shop person, to explain why it took so long to fix your car.

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Answered on 6/15/04, 10:00 pm


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