Legal Question in Personal Injury in California
I wasn't the driver in, but my car & something was hit.
Due to my poor eyesight I often do not drive at night. This being the case, a "friend" and I went to Las Vegas & had a deal that at night fall we would switch drivers & she would take over. This went fine. We made a stop at a McDonalds to use the restroom & upon pulling in she hit the curb so hard that the concrete chipped away. Making minor damage to my car I said we would discuss it upon returning from our trip. Upon Examanation in the daylight, I did decide that this was going to be something I wanted to get repaired. I just having made a claim to my insurance did not want to go that route again so I asked if she would like to split the repair bill in half & pay cash. She insisted I contact her insurans, after a week of waiting for her to give me the information, I did so only to find out she only had liability & the insurance would not cover it. I then asked her again how she would like to handle it & she stated that I would never see a dime out of her & that I would have to take her to court! Can you please tell me if I should even bother? Do I have any chance in collecting?
2 Answers from Attorneys
Re: I wasn't the driver in, but my car & something was hit.
As the driver she is responsible for the damages. Her insurance may not cover it, however you should make a claim directly to her company and not take her word for the fact that the damages are not covered by her policy. As far as collection is concerned, first you need a judgment from the Court, which may be a small claims action depending on the amount of the damages. First get a couple of repair estimates and turn the matter over directly to her insurance. Good luck, you may e-mail directly if you have any further questions.
Re: I wasn't the driver in, but my car & something was hit.
you can also have your insurance co repair it and they will sue her.
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