California | Insurance Law
Legal Question
My car was park in front of my house when it was hit by drug driver who fell asleep at the wheel he ony has liabilty insurance 15-30-05 his agent told me my cars total loss 14000 in damages he ony has 5000 of insurance towards my car can he really get away with this
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Legal Answer
He has the legal minimum insurance. So yes he can do it. You have the right, however, to make a claim against your own insurance for the difference. You may or may not have coverage. If you don't have coverage for un or under insured drivers, you can sue him personally for the difference. You can sue in small claims for $7,500, so you'd be out $1,500 net. Or you can sue in regular Superior Court, Limited Jurisdiction, for the total amount, including loss of use. So you get your rental car paid for until you replace our car too (as long as your rental is comparable to the damaged car).
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