Can I sue in small claims

[Almalopez007]

California,
A car hit me and damaged my vehicle, the investigation on his end found him only 50 percent liable, my insurance concluded him at fault 100 percent. My car will be repaired with my insurance and will in turn recover this money via subrogation. I do not have rental coverage and I do not have money for a rental, I've already taken a week off work because I did not have a means of transportation. Can I sue the other driver for the full rental amount? Note: there was no police report filed, and his insurance is only willing to pay half of rental costs.

 

[Zigner]

If you don't have money for a rental, then suing isn't going to help because, if you win (and that's not guaranteed), then you still have to collect. You can plan on several months, at a minimum, before you collect any money. Again, that's assuming you win.

 

[Almalopez007]

If you don't have money for a rental, then suing isn't going to help because, if you win (and that's not guaranteed), then you still have to collect. You can plan on several months, at a minimum, before you collect any money. Again, that's assuming you win.

Right, I obviously can come up wit the money, I just know my insurance is saying the other driver is at fault. I just am not willing to pay anything out of pocket for someone else's reckless diving.

 

[LdiJ]

Right, I obviously can come up wit the money, I just know my insurance is saying the other driver is at fault. I just am not willing to pay anything out of pocket for someone else's reckless diving.

While I can understand that, are you willing to lose your job on that principal, since you have no transportation?

 

[Almalopez007]

This isn’t about losing my job
It’s about getting my money for the rental reimbursed. I have the paid sick and vacation time, just an inconvenience to use it on this

 

[Zigner]

The court is under no obligation to go by what your insurance company says.

 

[Almalopez007]

Right but according to the insurance commissioner of my state
I have the right to appeal their decision and get a third party meditator to make a decision. I’m not doing that though
My insurance did just contact me to say they would go back and get 100% reimbursement
Thank You got your help