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I was hit by a lady and her insurance paid my rental car and…

I was hit by...

I was hit by a lady and her insurance paid my rental car and fixed my truck but they did not pay for the insurance coverage on the rental which cost me $445 out of pockect

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I need to get these funds back but the insurance company has denied me. i would like to take her to small claims court for the difference and for the loss of work wages i will have for court appearance ca

Lawyer's Assistant: What steps have you taken so far?

None

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Answered in 3 minutes by:
3/22/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,619
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this. When a party is liable due to their negligent conduct they can be sued for negligence. If the court finds negligence the court may award damages that are reasonably foreseeable and proximately caused in order to restore plaintiff to the position he was in prior to the negligent act.
This generally includes property damage and rental costs. Normally insurance would be incurred either way but if insurance was higher on the rental the difference can be claimed as damages if one's insurance policy did not cover rental vehicles.Generally unfortunately the court does not compensate for loss wages due to court appearances.
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Customer reply replied 3 months ago
how do I go about suing for neg?
Customer reply replied 3 months ago
i just want my money back that i paid out of pocket. If there:s a chance to get a little more, thats fine too
Customer reply replied 3 months ago
Her insurance already paid for damages and the rental car but did not cover the insurance coverage fees on the rental
Customer reply replied 3 months ago
My insurance company said to take her to small claims court to recover money
Customer reply replied 3 months ago
are you still here?
I am.Yes small claims is standard for suits under $10,000 and the above link is to small claims
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Customer reply replied 3 months ago
Do I have a legit chance of winning this case? What is your recommendation?
Per the terms of the site we can only provide information. We cannot provide specific legal advise as that would require a fee agreement, conflict of interest check, review of records such as police reports, and a private setting so there is an attorney client relationship
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Customer reply replied 3 months ago
Okay then, let me rephrase the question. Does going straight in a double left turn lane on a green arrow in the inside lane and crashing into me in the outside lane constitute as negligence? if so I should be fully compensated for any costs to bring me back to the state I or my vehicle were in prior to the accident with zero costs from me, correct?
as that would be a violation of safe driving and as such the plaintiff would be entitled to recover damages resulting from that negligence
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Customer reply replied 3 months ago
Are there fees for small claims court and am I able to charge to the other party if there are?
fees are listed here ( depends on amount of lawsuit) and may be requested to be paid by defendant.http://www.dca.ca.gov/publications/small_claims/basic_info.shtml
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Customer reply replied 3 months ago
Would I be entitled to anything besides the money lost? Is negligence the only offense? could I hire you with fees charged to them?
Attorneys are not allowed in small claims court.
If a person had physical injuries they can receive medical cost reimbursement, wages lost due to injury, pain and suffering as well.
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Customer reply replied 3 months ago
i cant sue for say 1500 for losses and emotional distress?
If one has that amount in property damage and there is sufficient personal injury to justify an award of emotional distress (pain and suffering). The judge would need to determine that.
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Customer reply replied 3 months ago
you stated the fees are on this site. where do I find that info and the paperwork to file my case
Customer reply replied 3 months ago
This Happened in November. Is there a statue of limitations?
The fees and forms are herehttp://www.courts.ca.gov/selfhelp-smallclaims.htmThe other sites I included above are also helpful.
The statute of limitations, one moment please
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,619
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for all the help.
Per CCP 338 the statute of limitations for property damage is 3 years. For personal injury 1 year.You are welcome.
Good luck to you
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