Legal Question in Personal Injury in California

I hit a huge role of carpet padding on the freeway last night visibly causing damage to the front end of my car and I'm not sure of any other damage. I only have liability insurance as my car has been paid off for years. Could this damage be fixed under "uninsured motorist" coverage? I didn't see the vehicle this padding fell off of.


Asked on 8/16/11, 10:22 am

6 Answers from Attorneys

Call your insurance company. It's an insurance policy question, not a legal one.

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Answered on 8/16/11, 10:28 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

If you didn't see the vehicle that dropped the carpet, you'll have to do some investigating. If you can't find the culprit, you'll be without a defendant, unless you sue the carpet.

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Answered on 8/16/11, 11:52 am
Joe Marman Law Office of Joseph Marman

Ha, the other attorneys did not know the answer to this one. Here is the definitive answer to your question:

Uninsured Motorist Claims for Property damage UM PD - Requires identity of adverse phantom vehicle, to prevent people from hitting poles while backing in alleys and claiming it was hit and run.

Uninsured Motorist Claims for personal injury UM PI � Requires contact between phantom vehicle and claimant�s vehicle. UM PI statute rewards bad driving no matter what kind of vehicle you are in. If you hit the car, you are covered; if you avoid it, you are screwed.

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Answered on 8/16/11, 3:35 pm
George Shers Law Offices of Georges H. Shers

Mr. Marman is probably right but check with your own insurance policy and carrier to see if that is their position. If part of the vehicle that has been detached from the vehicle causes the contact that normally is the same as though the entire vehicle caused the contact. So if you run over an outside review mirror that fell off the car that would be contact, and part of the load on the vehicle falling out likely would also be sufficient.

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Answered on 8/16/11, 9:33 pm
Armen Tashjian Law Offices of Armen M. Tashjian

You must carefully read your policy and you'll get the answer.

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Answered on 8/20/11, 11:24 am


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