Legal Question in Personal Injury in California
hello, my question is that, as i was driving out of the complex that i live in, as i was passing though the gate, the gate started to closed and dented my car, i was driving the speeding limit, I didn't stop or anything, my car was half about half way out when the gate struck my car. I have been told to call my car insurance company to file a claim, at which my insurance company would talk to the complex insurance to handle this issue. the problem that I have with this is that i mush pay the deductible for my insurance which is a greater cost then the damage that was done to the car. Is there a way to get the complex to pay for the damages done to my car with out going though insurance. thank you. I live in San Diego, Ca. I have contacted my insurance of which want me to pay the deductible and have contacted the complex, they say that I need to talk to my insurance of which would talk to the complex insurance to take care of the issue.
2 Answers from Attorneys
Make a claim directly through the complex. You are not legally required to make a claim through your policy.
If the complex will not pay you, take them to Small Claims Court for the full amount of your property damage. You can also ask for the cost of a rental car while your car is being repaired.
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