Legal Question in Real Estate Law in California

no-op classic car damaged on priv. property.

I own a non-op classic car which is in beginning stage of restoration. there is a new home being constructed on property and when insulation company were there they backed a BIG truck into the vehicle which caused about 2500 dollars in damages. (full quarter panel replacement on a 62 impala 2dr ht). Insulation company said they would pay for damages. 3 months went by and we contacted them and owners of company refuse to pay any damages done. They will not give insurance info to anybody and threatened employees not to give out info. They will not receive or return any phone calls pertaining to that incident. What would be the best thing to do. what options do I have?


Asked on 7/28/08, 12:32 am

1 Answer from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: no-op classic car damaged on priv. property.

Sue in Small Claims court. Make sure you (1) sue the correct company and (2) bring at least three repair estimates to the hearing.

To determine the correct company, you may have to do a little research. For example, if the company truck indicates "XYZ Insulation", you would not simply sue under that name. You must think about how you will enforce your judgment (assuming you get that far) and to that end, you need a judgment against the legal entity that caused you harm. So you would do some research, such as whether the entity has a contactor's license, whether it is incorporated, whether it has a fictitious business name, etc. These things are almost always available to the public, most of them online. Worst case, most decent investigators can get the info for you. But don't pay more than one hundred dollars for a private investigator. This information should be free if you look hard enough.

At the hearing, the judge will want to see several estimates of the repair - not just one. And he/she is not likely to take your work for any damage. Bring all the evidence yuo have - pictures, letters, etc.

Remember - your case is about (1) proving liability and (2) damages. The fact that they ignored you is completely irrelevant. It's interesting, and I'd certainly throw it in (at the hearing in Small Claims), but it's not relevant to the case. It does tend to show that they are evading you though.

Good luck.

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Answered on 7/28/08, 8:49 am


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