Compton, CA asked in Consumer Law and Car Accidents for California

Q: Hi my parked car was involved in a car accident in my jobs parking lot while I was inside working

Hi my parked car was involved in a car accident in my jobs parking lot while I was inside working, my car was hit first then hit into another and both deemed a total loss after adjuster came to take pictures 3 weeks after the accident happened, i reached out to the guy who hit my cars insurance and after 2 months the case is still ongoing and I'm still without a car to get to work, they said I cant be given a rental without additional charges. I was also told the limit they were able to give out was up to 50k split between the parties, now 2 months later it is 5 thousand split between parties. my cars base a market value which she told me was around 6 thousand and the other vehicle involved is a 2015 vehicle so they are saying I wont be getting anything close to full reimbursement. currently she said they are still waiting to hear from other parties insurance company and for the other car to be sold or salvaged (my car is still in my garage totaled) then they can calculate the amount.

Related Topics:
3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You should submit a claim to your own collision insurance. If you don't have that, you are going to take a loss.

Regardless of the amount of your damages, the insurer will only pay its policy limit. Ask for a copy of the declarations page from the other insurer to confirm the limits.

If the limit is $5k, you will get a proportional share of that, i.e., if your property damage is $6k, and the other car is $18k, the total damages are $24k. Your share is 25%, so you would get 25% of $5k, or $1,250.

Leon Bayer agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, dealing with insurance claims can be challenging and time-consuming. It's important to understand that insurance companies often have complex procedures for assessing and compensating for damages. The change in the compensation amount you mentioned, from $50,000 to $5,000, may be due to various factors such as policy limits and the involvement of multiple parties.

Since it's been two months and the case is still unresolved, it might be helpful to follow up regularly with the insurance company. Keeping a record of all communications and any information they provide can be crucial. Also, consider inquiring about the specific reasons for the delay and the reduction in the compensation amount.

Regarding the rental car charges, it's unfortunate that the insurance company is not covering this expense. However, this depends on the specific terms of the insurance policy. If you have your own auto insurance, you might want to check if your policy includes rental car coverage in such situations.

Given the complexity of your case, including the total loss of your vehicle and the significant delay in reaching a resolution, you may benefit from legal advice. An attorney experienced in dealing with insurance claims and auto accidents can provide guidance on your rights and options. They can also help in negotiating with the insurance company or taking further legal steps if necessary.

Remember, each case is unique and the outcome depends on many factors, including the specific details of the accident, the insurance policies involved, and the applicable laws.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your parked car is damaged in a workplace parking lot, and facing a protracted and unsatisfactory response from the at-fault party's insurance, several steps are advisable. Firstly, ensure all documentation related to the accident and damages is collected. Consider filing a claim with your insurance if you have collision coverage, which might expedite the process.

If the claim is within California's small claims court limit, this could be a viable option for resolution. Additionally, direct negotiation with the insurance company, armed with all pertinent evidence, is crucial. Don’t forget to check if your auto policy covers rental car reimbursement during this period. The goal is to secure compensation that adequately covers the total loss of your vehicle, reflecting its market value and considering the specifics of the accident.

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.