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Question about liability/ city property damage in DUI accident

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Iloveangels

Junior Member
What is the name of your state (only U.S. law)? California

Thank you in advance for any and all replies. I have found this site to be very helpful. I incurred a DUI charge in 1/10 in which I (alone) hit a city pole. My car was totalled, and my insurance company advised it is still awaiting a response from the city regarding: cost of repair to the pole.

My concern: My attorney is telling me he thinks the city will come after me directly for the cost of the pole (which could be in the $10,000 range). I was not aware, as he informed me, that my insurance company could refuse to pay the claim, leaving me liable.. Is this likely? The insurance company continues to send me periodic letters indicating they have not been approached as of yet by the city to pay/settle and so the claim remains open. I took this to understand they will settle the claim, but maybe not? Also, is there a "statute of limitations" for the city to file against me? It has been a year now. My (criminal) attorney was not sure, thought it might be a 1 year SOL, or 3 years. My attorney also had me sign the plea agreement to state I would agree to make "actual" restitution to the city, which I questioned (Isn't this accepting liability/financial responsibility?). He said the judge would insist it be part of my probation terms. Please advise.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Your insurance company shouldn't be able to refuse to pay the claim, but it could exceed your policy limits. It is very difficult to get in touch with the right government official to get damage bills for cases like this. You could try making calls to get the information so your insurance can pay the claim. What is the limit on your property damage liability coverage? Minimum in CA is only $5k.
 

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