Legal Question in Personal Injury in California
Is the apartment owner liable for this car accident?
A carpet cleaning van caused major damage to my brand new van(paid over $26000 in Jan 2003, with less than 600 miles). The estimate to repair is about $10,000. The driver doesn't have license, while the van doesn't have car insurance. My van was parked in the apartment parking lot. The apartment owner contracted this cleaning company for about 2 years. My questions are:
1. By any chance is the van's business insurance cover this accident? The van owner said No but refused to give the insurance's contact.
2. Is the apartment owner liable as it hires a contractor without proper insurance?
3. How much legal fees I have to take up if I want to sue both?
4. Is it legal that I subsidize the loss by refusing to pay my rent, if the apartment owner is liable and doesn't pay?
5. My car insurance does cover this loss with a deductible, but can I insist on the party at fault to pay?
Thanks very much for answering my questions. I feel lost.
2 Answers from Attorneys
Re: Is the apartment owner liable for this car accident?
The easiest way to handle this is probably to have your insurance pay you per your policy. The insurer will then decide whether or not to sue the carpet cleaning business and/or the landlord. Whatever it does, you will get paid and you will not have to pay for a lawyer. In fact, the insurer's lawyers may even be able to get the other side to reimburse you for your deductible (don't count on this, but it's a realistic possibility).
If the carpet cleaner is sued, it may suddenly decide that its insurer should be involved after all. If the company really doesn't have applicable insurance, the company itself should still be liable.
It seems unlikely to me that your landlord is liable. The landlord presumably didn't tell the driver where to go, and is not to blame for someone else's mistake if it was not made under the landlord's direction. Since the landlord is probably not liable, I would not recommend withholding your rent.
Re: Is the apartment owner liable for this car accident?
you have quite a few questions posted. if you can email me a bit more background information on your claims, especially in respect to the van owner and insurance policy or lack thereof, along with your questions again, i should be able to affordably assist you here legally.
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