Insurance claim not at fault accident

UPDATED: Sep 30, 2022

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Insurance claim not at fault accident

A garbage truck dropped an axel on the freeway. My car struck it causing a blow out on 1 tire and cracking my wheel. The garbage truck’s insurance company has contacted me but is only offering to replace 1 tire and the damaged wheel. I drive an all wheel drive vehicles which requires all 4 tires have the same tread amount on them or it may damage the transmission. This is stated in the manufactures manual. My cars tires where not worn and had about 15-20k mileage left on them. I have sent the insurance company the manual information of my car that states the all wheel drive requirements of tires, but they are not willing to negotiate. Do I have any recourse?

Asked on November 14, 2016 under Accident Law, California


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

Answered 6 years ago | Contributor

Your only recourse is to sue the garbage truck company for negligence.
Your damages (monetary compensation you are seeking in your lawsuit) for negligence would be the cost of repairs to your vehicle.  You may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs if you prevail in the case.  Court costs would include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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