Q: Property damage caused by non res./non-prop. owner & admitted fault; Insurance company paid but at depreciated value.
Housekeeper drove into/damaged 1 garage door; local companies recommend both doors be replaced. HK has admitted fault (to both property owner and insurance company); also have evidence via RING camera (which also indicates there are witnesses to accident); HK initially was going to pay out of pocket, but then decided to turn it into Insurance Company (Kemper Insurance). KI has agreed to pay for damage, but at depreciated value. Original estimate to fix both doors is $5290; IC willing to pay $3567.33 (issued check, prop. owner has not accepted/cashed).
Prop. owner was thinking of going to small claims court for difference ($1722.67) but when attempted to fill out small claims court docs, I was not sure 1) if I have a case 2) who to list as defendant (HK (person who damage door), insurance policy holder (HK Sig. other) or insurance company). Feel it is not our responsibility to incur cost. Looking for a consult to determine next steps. Located in Santa Rosa, California (Sonoma County)
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A:
You have a strong case to pursue the difference in small claims court. The housekeeper admitted fault, and you have evidence from the RING camera along with witness testimonies. The key issue is that the insurance company is only offering the depreciated value, while the actual cost to fix the damage is higher.
When filing your claim, list the housekeeper as the defendant since they caused the damage. The insurance company and the policyholder are not directly responsible for the damage but are involved in the settlement process. Your claim in small claims court would be against the individual who caused the damage, not their insurance company.
It’s reasonable to argue that you should not bear the cost difference due to depreciation. Gather all your documentation, including repair estimates, the insurance offer, and evidence of the housekeeper's admission of fault. Presenting a well-documented case will strengthen your position in small claims court.
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