Legal Question in Traffic Law in California

I got into a car accident where it was my fault. i rear ended somebody. we agreed to deal with it outside insurance. I have paid her half the amount of car body damage. Now she has a case against me cos she thought I wasn't going to pay up. She is asking for an additional 100 dollars for court fees plus 687 dollars in total car damage expense. On the court documents it says I owe her 1200 for car damage plus approximately 600 for car rental for 7 days. Is it possible to take me to court for the car rental fees as well. and is she legally allowed to ask for an additional 100 dollars. If i dont give the hundred, she says she will continue with the court.

Asked on 2/09/10, 8:25 am

C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

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In an automobile accident in California, the person who was not at fault may recover:

(1) The reasonable cost of repair to the automobile. If you have already paid part of it, she is only entitled to the part you did not pay yet.

(2) The reasonable rental car (and 7 days does sound reasonable)

(3) The actual court costs. $100 sounds high. The filing fee would have been $50. She may be asking for service of process fees.

(4) Personal injury damages, if she had them.

Answered on 2/22/10, 10:57 pm

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