Legal Question in Personal Injury in California
someone hit my car while it was parked at my work and their insurance company admit fault but they only have $5000 coverage and the damages to my car are grater than that so her insurance company is not giving me a rental because is not enough coverage and my insures company told me they will fix my car and waive my deductible but they will take the 5000 on my behave but no rental i believe this is not right i shut get a rental asn now i am with out a car shut i get a layer and who do i sue
2 Answers from Attorneys
You need to carefully look at the actual declaration pages and policies for both cars to see what is actually covered. Do you have uninsured motorist coverage? If you bought your insurance through an agent talk to them about what you can do. Many insurance policies provide for a rental car, but it is a provision that you can decline. Talk to the woman who hit you and try to get her to pay for the rental car or you will sue in Small Claims Court. Lawyers would handle the case only on an hourly basis and even someone like me who charges a low rate would cost you more than it probably is worth.
Here's what you do:
1. Let your own insurance fix your car.
2. Ask the other driver to rent a car for you while your car is being fixed. Should he/she refuse to either rent a car for you or reimburse you for it, file a small claims lawsuit against the driver who caused the accident for the amount of your rental and any other loss you may have had.
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