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)
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.
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.
