Legal Question in Personal Injury in California
I recently had a companies propane truck run into my car and smash all the stairs to my house. It has been four weeks since the accident and the company waited 3 weeks before they turned it into their insurance company. I live in pollock pines and I am out of my 4by4 vehicle and a safe way to my house. They have not offered me a rental car. Can I request loss of use for the car and stairs?
1 Answer from Attorneys
They are liable for either the cost of repairs or the fair market value of your vehcile, which ever is less. You are also entitled to the use/rental of a similar vehicle for a reasonable period of time until your vehcile is replaced or repaired. If you can not afford to repair the vehicle yourself, waiting until the insurance company provides for the repairs to be made is reasonable. Point out to them that a 4x4 is needed to be safe on those rural roads. Even if you have a second vehicle that is usable you are still entitled to a loss of us.
E-mail the carrier outlining the above position and demanding they pay for or provide a similar vehicle.
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