Legal Question in Insurance Law in California

What is 'fair' compensation from insurance co. of other driver who is at fault a

Thank you for your assistance. What does California, San Diego county, law declare is 'fair' compensation from the other driver's insurance company when the other driver is at fault according to CHiP's report? What are my rights as the victim of an automobile accident caused by the other driver & so supported by a State of California Traffic Collision Report? Am i entitled to a rental car? If so, what California, San Diego county laws support that? The other driver's insurance company has declared my vehicle a total loss. As of 19SEP04, they have it & refuse to repair it. According to California, San Diego county law, what are my legal options? How long am i entitled to a rental vehicle provided by the other driver's insurance company? The accident occured on 03AUG04. i did NOT receive the rental car until 02SEP04. i have NOT recieved any compensation for my vehicle as of 19SEP04 & they have told me i must return the rental car by 22SEP04. What should i do? Thank you for your immediate response. Respectfully,


Asked on 9/19/04, 2:27 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: What is 'fair' compensation from insurance co. of other driver who is at fau

I am in San Diego County. An at fault driver is responsible to pay for all your losses and damages proximately due to the crash.

JOEL SELIK

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Answered on 10/15/04, 9:49 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: What is 'fair' compensation from insurance co. of other driver who is at fau

According to California law, you are entitled to claim actual, out of pocket or economic damages as well as non-economic damages from the responsible party. However, there is a defense for mitigation, which means you have to take reasonable steps to minimize your loss. For example, if you have a collission coverage, you should get you car fixed ASAP and not wait until the other party's carrier to make a decision.

Good luck.

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Answered on 10/17/04, 10:33 pm


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