Legal Question in Personal Injury in California

Hit and run small claims question

I rented a car 3 different weeks during my 4 months with-out my van. The judge said it might be difficult for him to grant me the money for the rentals. I explained to him the total of the rentals came to the total of one part to fix my van, which would cause me to have no running vehicle, only a part, and then gave him the estimates of parts and labor that cost well over the worth of the van. In the 4th month I paid a friend to do pick and pull auto parts with me and put the used parts on my van so it would run well enough to get me to work, all for only $100. Why would there be a question of weather or not I could be refunded the cost of the rentals, if I won the judgment of the small claims case? The judge said he needed to check California law. Please assist me with a logical answer. I would understand if I rented a vehicle that was any where close to the repairs and parts needed for my van. The total of the rentals, used parts and having them installed on my van was 6% of the total cost to fully repair the van and 10% of the vans worth.


Asked on 10/24/07, 4:58 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Hit and run small claims question

As Mr. Roth aptly pointed out, I have no idea what you are asking, here.

Please resubmit, and take your time by being clear with your facts, and clear with your questions,

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Answered on 10/25/07, 7:34 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Hit and run small claims question

I don't understand what you are saying here. If your van was totalled the responsible party owes you for the value of the Van. As to the rental, you are entitled to a rental of reasonable value and duration, but have a duty to mitigate damages by getting another vehicle once it is reasonably determined that your van is totalled.

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Answered on 10/25/07, 1:05 am


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