Your husband should do the following: Call his auto Insurance co. to see if uninsured motorist property damage is covered. If not, get a couple free estimates to get an idea of the cost. Then, call the lady and explain situation and see if she is agreeable to pay for the damage. If no success, send a demand letter enclosing the repair estimates and demanding payment within 14 days. If that doesn't work, then file a small claims action (which can be done on-line) If successful, then your...
Just tell the truth and everything will be fine. If your deposition is scheduled I would be happy to explain how it works free of charge. I have offices in Sacramento & Elk Grove and would be glad to speak on the phone or in person in my office.
Unfortunately your UM coverage does not kick in. The whole rationale behind UM coverage in California is that UM coverage applies if you have a bigger UM policy than the adverse driver has in liability coverage. For example, if the adverse driver had no insurance and you had 50k then you could go after 50k of your UM. If the adverse driver had 15k and you had 50k then you could go after 35k. But if adverse driver had 50K or more and you had 50k then there is no UM for you.
You definitely can recover pain and suffering damages. The amount will depend on the nature, duration and type of medical treatment and the affect on your life. You or someone on your behalf must notify your insurance company as soon as possible that you intend to present an uninsured motorist claim.
I would be very surprised if you did not get a bill, especially if it was Sacramento Fire Dept. If you do get a bill you should check to see if you are covered for uninsured motorist (UM). If you own a car check to see if you have UM coverage. You also may be covered if you are an insured under someone else's policy (usually a family member you live with) Good luck.
In addition to the other answers, you also need to consider California Vehicle Code Sections 16000 et seq which states that you must file a report within 10 DAYS of the accident either personally, through an insurance agent or broker or through a legal representative, IF there is EITHER property damage in excess of $750 OR bodily injury or death. It's usually easier to let your insurance co. do it for you since they are supposed to be helping you but you can also go on line yourself. Good luck.
You have a duty to cooperate with your insurance company if you are presenting a claim. So, you will be required to give a statement under oath. I strongly advise you consult a lawyer before you say anything else.
In California the limit in small claims court is Limit $7,500. Your lawn maintenance person could file an action against you and it's like a "Judge Judy" scenario. You could also be sued in Superior Court where you could both represent yourselves or hire attorneys. The best thing to do is to work out a compromise. But, if not you will just have to wait to see if you are served with a complaint. Can't say if you will win. Call me or another attorney for free consult.
I haven't heard anything that would make you responsible for anything beyond your insurance policy. Your insurance company will appoint you a lawyer to defend the case and he or she can advise you further. But you need to get the lawsuit you were served with to your insurance company asap as normally you only have 30 days to respond to the lawsuit.
You should definitely ask your insurance company to hire you an independent lawyer to advise you on this matter. If not, you should hire one yourself or go to legal aid if you qualify for it like Community Legal Services at McGeorge Law School in Sacramento. I can tell you that if you do not have significant assets, it would be extremely unusual for a plaintiff to pursue you beyond your policy limits.