Insurance claim not at fault accident

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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

Answers:

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

Answered 4 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.


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