Legal Question in Personal Injury in California

collecting payments
while on our first day of vacation with my wife and two kids 500 miles from home we were rear ended. we had to cancel our vacation return home and 65 days later our 04 car was returned to us. During that time we still had to make our monthly car and insurance payments, I want to collect those monies from the individual that hit us. what steps do I need to take to make this happen. Thank you for your help

Asked on 10/19/03, 12:12 pm

3 Answers from Attorneys

Joseph Richardson Borton Petrini LLP

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Re: collecting payments

Get in contact with the person's insurance company. They should be able to get you in touch with them, if the information you have doesn't already say it. Submit a claim to that insurance company based on the amounts paid out for the damage and incidental expenses like rental car(you're not entitled to your insurance payments; that's what you'd be paying anyway). The incident should have been reported to the DMV as well. If your insurance company paid for the damage, they can subrogate(step in your shoes) against the other insurance company. If they don't have insurance, you or your insurance company need to sue the other person directly, both the driver and any registered owners.

Answered on 10/23/03, 3:10 pm

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Donald Holben Donald R. Holben & Associates, APC

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Re: collecting payments

You were still responsible to make payments on the car and for insurance. Not the responsibility of the person that hit you, however, likely he/she responsible for loss of use, rental car, etc., etc. Get good/reliable estimate together and pursue it in small claims court if below $5,000.00. Could make argument he/she also responsible for time off work, etc.,etc.

Answered on 10/20/03, 5:29 pm

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