Fountain Valley, CA asked in Car Accidents and Insurance Bad Faith for California

Q: motorhome required to be my residence as campground mgr. was damaged due to tow truck drivers error while being towed.

Tow truck driver drove through a huge pothole in parking lot. Pothole could easily have been avoided. The underside of motorhome was ripped out, including the generator and plumbing. The motorhome could not serve as my residence due to the severe damage and I was unable to fulfill the requirements of the job to live onsite and therefore lost the job. The motorhome was not insured, however, we did have AAA roadside assistance and used that service to obtain tow company. AAA has not been helpful after several attempts to file claim. Courts are closed due to coronavirus so filing in small claims court is not an option at this time. I would like to contact the tow company directly and see if they'd be willing to settle out of court. How would I present this to them in a manner that would increase my chances of getting some sort of settlement from them without having to go through AAA or the courts??

Thank you for your time.

1 Lawyer Answer
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: It would be easier to make a claim with your own insurance and let it pursue the tow truck driver for whatever liability it could prove. If you don't have insurance, you can try to pursue the tow truck driver. If your damages are $10k or less, you can file in Small Claims and get a Judgment of up to $10k. More than that and you will need an attorney, who will take 33 1/3% to 45% of your recovery, plus costs.

1 user found this answer helpful

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