Legal Question in Personal Injury in California

Traffic accident

While in the process of selling my car, a potential buyer test drove it and got in an accident with another party in which he was determined by both insurance carriers to be at fault. My insurance company deemed the car a total loss and sent me the a check worth what they determined to be the value of the car minus my deductible. I contacted the potential buyer's insurance company to make a claim on my deductible and since his deductible was higher, they would not pay me anything. I asked the potential buyer to cover my deductible and so far have not gotten any response from him except that his lawyer would be contacting me. Do I have a right to the $500? Can I take him to small claims court and what is the process for doing so? Also, can I claim more than $500 for the time and hassle involved in settling this matter (I have spent approximately 5 hours worth of time since the accident in settling the claim, making statements to three different insurance companies, making phone calls to insurance companies, auto body repair shops and to the potential buyer)?


Asked on 6/02/00, 2:54 pm

1 Answer from Attorneys
Jeffrey Zinder Zinder & Koch

Re: Traffic accident

The driver is at fault and therefore responsible for your damages, including your deductible. Take him to small claims court. His insurance may also be liable as his deductible is only applicable to his own car and not the property of a third party. However there may be limiting language in his policy bringing a car that he operates into the policy as an "insured" car thereby making the deductible an issue.

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Answered on 7/19/00, 10:07 am


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