Legal Question in Personal Injury in California
the at fault insurance is figthing the "loss of use" - took them about 70 days to resolve the claim, clear cut af accident but their policyholder-an atty-was noon cooperating with statement or vehicle inspections, it was their own fault, their own delays, they had my statement and vehicle inpsection to where they sent me 2 days after the loss.
I did not get rental, did not dropped my car at my shop (i have no collison coverage) i did mitigate my damages as much as i could , keeping my not driveable car at my house until i had to file a DOI complaint for them to call me.
what law (s) can i quote for loss of use. I know law does not require me to have collsion coverage or rental coverage. that is what they wanted me to do.
pls help. thanks
1 Answer from Attorneys
I am somewhat confused by your question because you have run ideas together. From what I can understand, you need to write the insurance company a letter pointing out that in this clear liability case you are entitled to recover for all damages you suffered, which means both the full cost of repairing your vehicle and the total amount fr loss of use of the vehicle, which can be measured by the cost of renting a comparable vehicle during the period of time your car was not fixed [find out from several car rental agencies what you would pay, including for tax, insurance, etc.]. That you had another vehicle of your own to use is irrelevant. This is a matter of general tort law as to what damages are; you do not need to cite any Code sections. The other side is not entitled to take advantage of any insurance coverage you might or might not have. point out that if you have to complain again to the DOI they will charge the carrier for the complain [years ago used to be about $160].
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
