Legal Question in Civil Litigation in California

Re: out-of pocket rights

Don't be surprised if they don't pay and then you have to sue to get the money. I'd go for reasonable car rental expenses, depending on the extent of the damage the cart did to your car.

Re: out-of pocket rights

Point out to them that even under your insurance policy your carrier has no right to demand that you get the repairs in order for them then to reimburse you. If that does not work, tell them you insist on their reportilng the matter to their insurance company so that you will be paid promptly [unless they are self insured, why are they dealing with you except for a worry that too many claims will raise their rates. If you have your own insurance that covers the matter, you can report it to them and tell the store your carrier will be contacting them.

If you do not get the repairs, however, you can not honestly made a deamdn for rental car expenses because their is no date relatively certain that you would incurr that expense.