My car accident scenario gets worse ....
The driver who hit me in fact had insurance on the car, but he did NOT OWN the car (and you cannot insure something you don't own). SO the driver has reported his insurance company (Infinity) to the Dept of Insurance b/c he was paying premiums on a car he didn't own and Infinity never checked to see who owned the car.
My NEW, highly IMPROVED Allstate adjuster has told me to sue the *driver* in small claims court (as she/Allstate will be going after the *owner* for damages, deductible, etc).
I am planning on asking for:
1. Rental car charges (40.24/day by 50-60 days) - as I don't have rental car on my uninsured coverage - since insurance is required by law in California!
2. Loss of Value (as soon as my car is fixed... we are at 45 days and it still isn't done) which for a 2007 with 4,000 miles on it will be approximately $ 3,000 (I have visited both CarMax and dealership for estimates).
Am I missing anything?
Suggestions?
1. Loss of value (per my agent, it may work b/c we are selling the car and will document through 3 dealerships - cost of repairs are over 15,000.00 and still going - too bad it has to be 50% of value to total!)
2. I am suing the driver, not my insurance company ... my insurance policy does not cover a rental car for uninsured collision coverage. They paid for the deductible, the repairs, etc.
3. I have FOUR children to drive - so there is no car with three rows of seats to rent at 25/day. Most of the time, I only have the baby or two youngest, but I can't put a booster seat in the front passenger by law - so no 25/day for me.
4. So what all do you sue for (small claims in CA is 7,500?) - rental car, loss of value (though it is not a given), time off work,
5. CA does not allow court/filing fees to be included for small claims (SC100 form states this)
Answer by QuynhAnh_Resort
Hi there,
Auto Insurance Information http://autos-insurances.blogspot.com . I only help you as well.
Answer by kt
cars loose value the second you drive off the lot.
i would not expect to get paid for loss of value, you and try, the judge might be in a nice mood that day, but, dont be crushed if that is denied.
you have to sue for any loss of wages for your day and court and court filing fees too.
Answer by Condor
Usually insurance follows the car. If at the time of an accident car which hit you was insured this insurance company will be responsible for your damages. However you cannot sue this insurance company you can only sue the driver which hit you and car's registered owner. If at the time of an accident you had full coverage insurance which includes collision coverage and separate car rental coverage than your insurance company suppose to reimburse you minus any deductible. If your company reimburses you then they will subrogate other ins. company and usually they collect your deductible amount which they suppose to give you. If you indeed have collision coverage you should present claim to Allstate instead of suing car driver/owner in court and let Allstate to do all the litigations. In my opinion Allstate is the worst insurance company on the face of this planet and Infinity is not that far behind.
Answer by lucy
1; loss of value; i dont know the regulations for CA, but you better call the insurance department or call back your allstate adjuster to see if you can claim. A lot of states dont allow. If the state of CA does not allow loss of value, all that you can collect is the amount of damages it cost to repair your auto to pre-accident condition. So in your case if the cost of repairs are $ 2,705.38, that is all that you will get.
2; rental; that could be in question. could you get a rental for say $ 25? if so, that maybe all that you may be entitled to. dont say that the $ 41.24 was for a rental like i was driving, since all that most insurance companies will pay is for a replacement while your auto is in for repairs and your car is undrivable. what you need is to get to work, grocery store etc;
also, check to find out the maximum you can file in small claims court.
Answer by peedlepup
If the driver of the other car does not appear to have any assets, why bother, you won't be able to collect anything any way.
If they do have assets from which to pay a judgment, then I would include the registered owner of the other vehicle as a co-defendant in the law suit. Good luck collecting.
Answer by bundysmom
I don't know about your new and improved Allstate adjuster, but let me break it down for you......
The Allstate policy has what's called a Right of Recovery clause in it. What that means is YOU can not do anything to jeopardize their ability to collect back the money they paid to fix your car. THEY have assumed YOUR rights since they paid on your behalf. (What they can not do though is subrogate for something they did not pay, like your rental) NOW.....
You can go to small claims court, but 1) you have to sue the DRIVER AND THE REGISTERED OWNER and 2) you have to sue for ALL the monies Allstate paid out on your claim + your deductible. If the TOTAL amount of money paid out exceeds the small claims court threshold, you have to file your case in civil court. Also, you can not sue 1 person and Allstate the other, you have to sue them both for ALL damages, and only 1 of you can do it.
In CA, you CAN NOT sue for loss of value--there is no such thing in CA.
If you take the incorrect advice of your new and improved adjuster and sue the driver for just your rental car charges....guess what? You have forever barred Allstate from recovering their money back and THEY will come after you for 1) breach of contract and 2) the money they were unable to collect. How do I know? I was an Allstate adjuster in CA for many years and I have seen this happen repeatedly to people who didn't listen to me about this same subject and decided they knew more than I and are now in collections.
What do you think? Answer below!
Orignal From: Collecting from Car Accident in Small Claims Court (CA)?
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