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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110391
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A towtruck rear ended me, July 15 2015, in Lucadia, CA; Dod

Customer Question

A towtruck rear ended me, July 15 2015, in Lucadia, CA; Dod $24,000 damage to a new
Lexus with 700 miles on it; Had it repaired at Toyata authorized facially Medical bills:
MRI, etc Assume my ins paid Had to rent Lexus or comparable available. Rented a Suburban and told my agent it was $1500 for 2 wk. No answer. Took 7 wks to
repair vehicle. Now defendant's ins company won't pay rental. Too expensive (this is what I deliver in my state of residency, kentuckyl
My agent says for me to get an atty to handle this and medical bills that have surfaced.
I feel it is my ins company's responsibility to handle and subrogate. Your answer:
Me***** ***** ***@******.***
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law, your insurance company does not have a legally mandated duty to subrogate your claim if the other party is at fault. So you need to read your policy, because it would state that in your policy as well. Also, you need to file your claim with the other driver's insurance and you need to pursue the claim with the other insurer for your damages, including your rental and your medical damages PLUS your pain and suffering as well, which would be approximately 1-5 times your medical damages and lost wages.
So you would have to pursue this with York.
As far as your rental vehicle, York would be liable for those as well.
At this point, you need to continue pursuing your claim through York and you only have 2 years to sue for personal injury and 3 years to sue for property damage under CA statutes of limitations.
Customer: replied 6 months ago.
Therefore, my insurance company has no liability? Also may I sue in KY since the car is licensed in KY and I am a KY resident. The was housed in CA
Customer: replied 6 months ago.
It would seem that I should engage an attorney either in CA or KY, as I have little time or knowledge in these matters.
thank you
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You have to sue in the state where the DEFENDANT resides or where the accident occurred. So you cannot sue in the state where you reside or where your vehicle is registered.
You would need to engage an attorney in CA if the accident happened in CA and/or the responsible party is in CA.