Legal Question in Personal Injury in California

Am I Screwed?

I was in an auto accident(rear-ended)third car in a chain.I did not have ins. and still owe on the car. The repair shop said they could fix my car, the ins. co. claims said my car was totaled. The ins. co. has not allowed me to have a rental it has been almost a month. What can or should I do?


Asked on 1/07/03, 1:41 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Am I Screwed?

The insurance company you are referring to is the company of the driver of the car, which caused the accident, Yes? If so, you are entitled to both the repair or value of the car, and its lost use. That is, the cost of a rental of a vehicle of like kind. If they will not reimburse you for the lost use, you must sue them, probably in Small Claims court, which has a jurisdictional limit of $5,000.00. It is fast, does not permit attorneys and inexpensive to pursue. Good luck!!!

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Answered on 1/07/03, 4:11 pm


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