Legal Question in Personal Injury in California
My 23 year old daughter was hit in a parking lot on 7-13-2010.The car that hit her took responsibility for it.After repeated attempts to recover damage expenses she was forced to sell her truck at a loss to a person that was going to pay 4,000.00.Now the insurance doesn't want to pay damages because the truck is sold and no longer in her possession.Is that the law?
1 Answer from Attorneys
Definitely not. Your daughter has the right to any thing she wants with her truck. The defendant is responsible for the damages to the truck. Anyway, the insurance company is at fault for your daughter having to sell the truck. Tell the insurance carrier they have 10 business days to make not only full payment for the truck damage but also what the cost was or would have been to rent a comparable vehicle for the period of repair of the truck, including delays caused by the insurance company. If they do not pay, you will 1) file a complaint with the Insurance Commissioner and 2) file small claims suit against the other driver and they can explain to their insured why he is getting sued and that it wil appear on his credit rating.
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