Newport Beach, CA asked in Car Accidents for California

Q: Do car insurance companies cover damage to personal property that was inside a vehicle at the time of an accident.

My van had 5 road bikes in it when it was smashed by a drunk driver. The driver's insurance company isn't paying for damage to the bikes.

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3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: A driver's insurance should cover all the damage done by the collision, up to the policy limit amount. The company's refusal to pay may be related to a policy limit problem or a question of your proof of loss. You may need to sue, obtain a judgement, and then collect the proceeds.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

Both the at fault driver and your ins co should compensate you for your loses.

With your ins co they are only going to pay up to the limits of the insurance you purchased. Thus there may be an issue of coverage or proof of purchase.

The Defense is responsible up to the limits of the policy their driver had.

write a letter setting forth your demand and what the money is for and then sue in small claims for up to $10,000 and attaching your letter. Send the letter return receipt requested and send yourself a copy in the mail too, that you do not open.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: They cover the damage caused, up to the limit of the policy. The damage is the fair market value to repair or replace of like kind and quality. In other words, 5 used bikes. You can also get "loss of use", which is the reasonable rental value of the damaged property for a reasonable amount of time after the collision.

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