What are my rights if an auto business failed to secure my hood after oil change and when i got on the freeway it opened at 65/mph?

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What are my rights if an auto business failed to secure my hood after oil change and when i got on the freeway it opened at 65/mph?

Their insurance only offered 50% repair reimbursement. Can I sue for 100%? It was not at all my fault.

Asked on May 30, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may sue for the entire value--you are not legally required to accept the insurer's offer. Suing in small claims court, where you can act as you own attorney, saving on legal fees, is a good option if the amount you are seeking is, say, $3,000 or less. (For more than that, retain an attorney.) As a practical matter, since no trial is ever certain--even good cases lose--and trial, even small claims court, still takes some amount of time and money, if you can get them to offer more, it's probably worth taking, even if it's not 100%.


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