Legal Question in Personal Injury in California

Damage to car

How do I go about getting my landlord to pay for damage they did to my car. When they had workmen fixing the building, they dropped a very large piece of cement or a brick fall on top of my 1993 Lexus car, valued at $18,084.


Asked on 11/15/07, 12:12 am

3 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: Damage to car

I'm guessing that the workmen were hired as independent contractors, so their company might actually be the ones liable for the damage. I would start with polite but firm demand letters to both (include documentation) for payment, and a request that they provide their insurance information, notify their respective insurers, and file a claim therewith. If you do not get anywhere that way, start looking into small claims.

Read more
Answered on 11/19/07, 8:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Damage to car

The liability may not be your landlord's but rather the employer of the workmen. If the cost of repair is less than $7,500 you may want to sue the landlord and a "Doe Defendants 1-10" in small claims court. Then use discovery to get the name and address of the employer of the workmen and serve them too. If it is significantly more than $7,500 and if you have comprehesive coverage, have your carrier repair or replace the car and your carrier will be subrogated to your rights and pursue the appropriate parties for reimbursement. Otherwise hire a lawyer.

Read more
Answered on 11/19/07, 9:33 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Damage to car

As Mr. Roth points out, you should have had comprehensive insurance coverage on a vehicle worth this much. Why haven't you turned it over to your insurance carrier. If you didn't, you were reckless to save money, and lose the car.

As both attorneys point out, it is likely the landlord isn't liable, and, ordinarily the landlord will gladly let you know who he hired to do the job.

Follow the advice given, but you should retain an attorney ASAP.

Read more
Answered on 11/20/07, 11:24 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California