What to do if my car was hit by a company van and I was not there but the driver left a phone number, however I’m having trouble getting them to respond?

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What to do if my car was hit by a company van and I was not there but the driver left a phone number, however I’m having trouble getting them to respond?

The driver does not speak English, so I have been going back and forth trying to resolve this with his brother. They don’t want to use my estimates. Also, I have sent emails and called the company he drives for and no response from the owner. This has gone on for a month. The damage estimate is 1200. I do not know how to proceed from here.

Asked on August 24, 2017 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your property damage claim should have been filed with the company van's insurance carrier.  If the claim is not settled with the company's insurance carrier, your only recourse is to sue the company, registered owner of the vehicle, and the driver for negligence.
You can file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee in addition to the cost of repairs (property damage) to your vehicle.


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