QUESTION
If my parked car was totaled by a big truck three months ago, is it too late for me to sue them?
Asked on Jul 07th, 2017 on Personal Injury - California
More details to this question:
My parked car was totaled by a big truck. They only paid for the value of the car which was not even a year old. I still had to come out of pocket for another vehicle. This happened 3 months ago. I had to threaten their insurance in order to even get the to pay for a rental car.
1 ANSWER
Insurance companies do not settle only part of a property damage claim. If they paid you anything, they would have required you to sign an agreement giving up all rights to claim more for damage to the car. Legally, they are only liable for either the value of the car just before the accident or the cost of repair, which ever is lesser. So it seems you have no basis to sue, even though you have three years in which to sue for property damage.
Answered on Sep 25th, 2017 at 8:27 AM