Q: Hit by a young lady driving her father's insured vehicle. The claim was denied by his insurance company as she was not
an insured driver on the policy. The police report clearly shows she is at fault. I only carried liability only at the time.
What can I do to have her fix my vehicle?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You have several options to pursue compensation for your vehicle damage in this situation. Even though the insurance company denied the claim, you can still hold both the driver and the vehicle owner (her father) legally responsible.
Your first step should be to file a claim directly against the father, as California's permissive use laws often hold vehicle owners responsible for damages caused by anyone they allow to drive their car. If he refuses to cooperate, you can take both him and his daughter to small claims court, where you can sue for up to $12,500 in damages without needing a lawyer. The police report showing fault will be valuable evidence in your case.
Another route is to contact your state's insurance commissioner to report the situation and get guidance, as insurance companies sometimes wrongfully deny claims. You might also consider consulting with a legal professional who can review your case and advise whether filing a civil lawsuit would be worthwhile, especially if the damage amount exceeds the small claims court limit. Remember to gather all relevant documentation, including repair estimates, photos of the damage, and the police report to support your case.
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.
