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Question about Insurance Post Tesla Crash in California

Discussion in 'Model S' started by ElectronNic, Aug 5, 2017.

  1. ElectronNic

    ElectronNic Member

    Joined:
    May 24, 2017
    Messages:
    7
    Location:
    Marin
    I was hit by an underinsured insured driver in early May in my 2016 Model S. There was $30K of damage to my what was previosly to the accident perfect car. The driver was 100% at fault carried $15K in property damage liability coverage. In CA the minimum required by law is $5k! I was horrified to learn this. My damages for LOU (going on 3 months now no actual end date yet) , DV (approximately $20K) and repairs ($30K) far exceed this limit. My first party insurance will of course pay for the repairs of my vehicle but I am left with a vehicle which is not what I started with because of another's negligence. If I were hit my someone with a reasonable insurance policy limit the vehicle would have been totaled. I don't want to drive the car after this much damage and will want to sell it and replace it with a new car but will likely sustain a huge loss because of the diminished value and the frame damage. I have talked to a few lawyers and insurance agents and as far as I can tell there is no way to protect yourself in CA against this. If anyone has any info I would greatly appreciate it.
     
  2. gabeincal

    gabeincal Enjoying Napa life the electric way

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    Jul 5, 2016
    Messages:
    615
    Location:
    Napa, CA, USA
    Doesn't uninsured coverage the answer to this? You basically deal with your insurance company as it was theirs and you discuss the numbers that make it right?
     
    • Informative x 1
  3. bishoppeak

    bishoppeak Member

    Joined:
    Oct 3, 2015
    Messages:
    231
    Location:
    San Luis Obispo, CA
    You could try suing the other driver for those losses, but probably a dry hole.
     
  4. sorka

    sorka Active Member

    Joined:
    Feb 28, 2015
    Messages:
    4,588
    Location:
    Merced, CA
    Uninsured motorist doesn't cover DV.

    The OPs only recourse is to sue the at fault driver. I'd probably cut my losses and sue for the maximum $10K in small claims court. It will take almost no time and it's a slam dunk.

    Make sure you sue for the actual DV amout. The judge will lower it to $10K.

    The bigger issue is collection. But if the at fault driver has a W2 regular wage job, then it's easy to attach wages. If they're unemployed or self employed it can be a lot more difficult. If they own property, you can lien on the property and the judgement will grow 10% / year in California which can be a really good deal.

    I had a judgement get dismissed because the lady filed for bankruptcy 6 years after it was granted which I didn't collect on. Once she declared bankruptcy I was able to declare it as a loss against capital gains. In the end, I ended up getting everything back due to offsetting capital gains.
     
    • Informative x 2
  5. ElectronNic

    ElectronNic Member

    Joined:
    May 24, 2017
    Messages:
    7
    Location:
    Marin
    Yes uninsured motorist does not cover DV or LOU unless you have explicit rental coverage but I have not found a policy that has limits to cover the cost of renting a Tesla. Thanks Sorka. This is helpful.
     

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