My car accident scenario gets worse ….
The driver who hit me in fact had insurance on the car, but he did NOT OWN the car (and you cannot insure something you don't own). SO the driver has reported his insurance company (Infinity) to the Dept of Insurance b/c he was paying premiums on a car he didn't own and Infinity never checked to see who owned the car.
My NEW, highly IMPROVED Allstate adjuster has told me to sue the *driver* in small claims court (as she/Allstate will be going after the *owner* for damages, deductible, etc).
I am planning on asking for:
1. Rental car charges (40.24/day by 50-60 days) - as I don't have rental car on my uninsured coverage - since insurance is required by law in California!
2. Loss of Value (as soon as my car is fixed… we are at 45 days and it still isn't done) which for a 2007 with 4,000 miles on it will be approximately $3,000 (I have visited both CarMax and dealership for estimates).
Am I missing anything?
Suggestions?
1. Loss of value (per my agent, it may work b/c we are selling the car and will document through 3 dealerships - cost of repairs are over 15,000.00 and still going - too bad it has to be 50% of value to total!)
2. I am suing the driver, not my insurance company … my insurance policy does not cover a rental car for uninsured collision coverage. They paid for the deductible, the repairs, etc.
3. I have FOUR children to drive - so there is no car with three rows of seats to rent at 25/day. Most of the time, I only have the baby or two youngest, but I can't put a booster seat in the front passenger by law - so no 25/day for me.
4. So what all do you sue for (small claims in CA is 7,500?) - rental car, loss of value (though it is not a given), time off work,
5. CA does not allow court/filing fees to be included for small claims (SC100 form states this)
I don't know about your new and improved Allstate adjuster, but let me break it down for you……
The Allstate policy has what's called a Right of Recovery clause in it. What that means is YOU can not do anything to jeopardize their ability to collect back the money they paid to fix your car. THEY have assumed YOUR rights since they paid on your behalf. (What they can not do though is subrogate for something they did not pay, like your rental) NOW…..
You can go to small claims court, but 1) you have to sue the DRIVER AND THE REGISTERED OWNER and 2) you have to sue for ALL the monies Allstate paid out on your claim + your deductible. If the TOTAL amount of money paid out exceeds the small claims court threshold, you have to file your case in civil court. Also, you can not sue 1 person and Allstate the other, you have to sue them both for ALL damages, and only 1 of you can do it.
In CA, you CAN NOT sue for loss of value–there is no such thing in CA.
If you take the incorrect advice of your new and improved adjuster and sue the driver for just your rental car charges….guess what? You have forever barred Allstate from recovering their money back and THEY will come after you for 1) breach of contract and 2) the money they were unable to collect. How do I know? I was an Allstate adjuster in CA for many years and I have seen this happen repeatedly to people who didn't listen to me about this same subject and decided they knew more than I and are now in collections.