I was involved in a accident and the driver took off, I was able to get a license plate, and a police report. My insurance stated they were found at fault and my deductible is waived but not my rental car (4 day repair job), can I sue for my rental car fees? Any suggestions would be greatly appreciated.
Yes, and your sole recourse would be the small claims court. If have any "soft tissue" injuries as a result of this accident, seek to see a personal injury attorney at once.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
In addition to what they said, you should know that small claims is very friendly to non-attorneys; you should be able to find self-help guides online or consult the court directly, and you shouldn't have a very hard time getting it covered. Be certain to add any additional fees such as missed hours at work, interest, and court costs to maximize your recovery if you pursue the claim on your own.
Sue your insurance company or the other vehicle's insurance company ? If you're talking about your insurance company, it would be a matter of whether or not you paid for such coverage. If you want to collect from the other drivers insurance company, make a claim against them for the rental. Your insurance company can give you the information.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
Did the police locate the driver of the other vehicle? If they have insurance, you would simply make the claim against the other party's insurance carrier. If there is no insurance, then Small Claims is your only option.
Yes, you can sue for the cost of your rental car. It's technically referred to as "Loss of Use of Personal Property" -- take a look at California Civil Jury Instruction, Number 3903M. I've linked a copy of the instruction for your reading below, and copied the relevant language here...
"To recover damages for loss of use, PLAINTIFF must prove the reasonable cost to rent a similar CAR for the amount of time reasonably necessary to repair or replace the CAR."
Best of luck to you!
This information is not legal advice, does not create an attorney-client relationship, and is intended for general informational purposes only. Said information is given in the context of California law.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline