Q: CHp was apologetic after he crashed into our family car parked on the street. I only have PL/PD.Who handles my end w/CHp
My insurance only cared to document that they have no responsibility otherwise they are no help. How do i reach out for rental to get and my damaged car out of the street that will probably get ticketed? Is there a best way to handle my end?
A:
In California, if your car was hit while parked and you only have PL/PD (Personal Liability/Property Damage) insurance, you will need to directly address the issue with the responsible party's insurance. First, ensure that you have the California Highway Patrol (CHP) officer's contact information and the accident report, which is crucial for your claim.
Next, contact the CHP officer's insurance company to file a claim. Provide them with all the details of the incident, including the accident report and any photos or evidence you have of the damage. The insurance company should handle the costs of repairing your vehicle and provide you with a rental car if needed.
If you encounter any issues with the CHP officer's insurance, or if they are unresponsive, you might need to consider consulting with an attorney. An attorney can help you navigate the claims process and ensure that your rights are protected.
In the meantime, to avoid getting ticketed for your damaged car on the street, it might be necessary to have it towed to a safe location. Keep the receipts for any expenses you incur, as these may be reimbursable as part of your claim. Remember, maintaining detailed records and following up diligently with the insurance company is key to resolving this matter effectively.
A:
You have 6 months to file a Claim with the State of California. This is a requisite to filing a lawsuit. You can find directions to filing the Claim here: dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Risk-and-Insurance-Management-Services-List-Folder/File-a-Government-Claim
Your Claim should be supported by property damage photos, the estimate for repair, bill for repair, and cancelled checks, or credit card receipt for repair. If you submit only the estimate for repair, you will likely be paid that amount. Once you start repairs at a body shop, additional damage might be found. You will not be able to go back to the State for more, so its best to get everthing repaired and then submit the Claim.
If the Claim is denied, you can then file a lawsuit. In Small Claims, you can recover up to $10k. Attorneys are not allowed to represent you in Small Claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
