Legal Question in Personal Injury in California

My husband was involved in a car accident a few days ago, it was his fault and hit a parked car on accident. He was so freaked out about what happened that he came straight home. I then called the police and reported what had happened and why he came home. The police said that it was called in as a hit and run unless we returned to the scene right away. We did, and my husband told the people we would pay for anything the insurance wouldn't cover. We got screwed on our part and had to pay 6,000 worth of damage to our truck, we had only liability on the truck. Our insurance company said their damage was $5,200.00. We would owe $200 to the people since our policy for collision was only 5 grand. Now the people are really upset and took it upon themselves to get a rental car that seats 8 people (their car that my husband hit was a suburban). My question is would I still be responsible for the rental car even if their car was still drivable at the time? I am willing to pay for their damage and expenses, but do not want to get screwed over. Also, they have told our insurance that it has been 10 and their car is still not fixed. We are planning on asking the other people if it was absolutely necessary to get a rental or wait until the received the necessary parts at the body shop before getting their rental car. Please if anyone has any suggestion I would appreciate it. Like I said I am willing to pay, but I don't want to get screwed in the end.

Also, the police said when we returned at the scene that the people did not want to press charges since my husband came back, if they take us to court can they change their minds?


Asked on 1/21/11, 10:01 pm

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

If their car was safe to drive and could be legally driven on the road then you might not be liable for loss of use damages except for the reasonable amount of time it had to be in the shop for repairs. There is room for disagreement and if you cannot settle the dispute it might have to be determined by the court in a trial. The hit and run is not relevant since you have accepted liability for the accident. The court would just determine the amount of damages that is reasonable based on the evidence at the trial.

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Answered on 1/26/11, 10:18 pm


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