Auto Insurance Coverage Questions in CA

[spwalker]

On 12/10 I was involved in an accident. I was found not to be at fault, since I had been stopped in traffic and the other driver more or less plowed right into me hard enough to smash my car and break the driver's seat so I was flat on my back.

Facts:
1) Both of us have Mercury Casualty Company for insurance. His property damage limit is $10k.
2) I had full coverage (collision/liability) since my car was still being paid for. However, at the time of the accident, I had a lapse in coverage. I was on the 2nd of 3 payments during a 6 month policy period and was unable to afford the payment. I have since made the payment and am covered once again.
3) He was found to be 100% at fault.
4) The cash value of my car is $10,073 per Mercury.
5) Although Mercury states that they would pay for a rental, due to the other driver's limits, in effect I paid it out of pocket. A similar case has come up with tow and storage. (Mercury says they will pay it but only by subtracting from the limit of 10k when my car is worth more.)
6) I have, hopefully not too hastily, already signed with Mercury that I am receiving a settlement check of $10k (actually to me and the lien holder) for Property damage arising from the accident. I did this because I absolutely must have transporation for work and school, and although $21/day may not seem like much for a rental, it adds up especially considering that it may take another month before I can get the title to my totaled car.
7) I was injured in the accident. I have not settled on this yet. I have not yet gone to a doctor.

I have several questions:

1) Can I take the other driver to small claims to try and get back some of the money for rental and tow/storage due to his neglegence? Do I have any chance at all of getting any money this way, when taking into account California law?
2) The adjuster made the statement that, since my own insurance was in lapse, I cannot receive any settlement for "pain and suffering" and named a california proposition number which I unfortunatly do not recall. Is this true? Is there a way around it?

Any advice on this is greatly appreciated.

Thanks.

 

[TRUCKING STUPID]

On 12/10 I was involved in an accident. I was found not to be at fault, since I had been stopped in traffic and the other driver more or less plowed right into me hard enough to smash my car and break the driver's seat so I was flat on my back.

Facts:
1) Both of us have Mercury Casualty Company for insurance. His property damage limit is $10k.
2) I had full coverage (collision/liability) since my car was still being paid for. However, at the time of the accident, I had a lapse in coverage. I was on the 2nd of 3 payments during a 6 month policy period and was unable to afford the payment. I have since made the payment and am covered once again.
3) He was found to be 100% at fault.
4) The cash value of my car is $10,073 per Mercury.
5) Although Mercury states that they would pay for a rental, due to the other driver's limits, in effect I paid it out of pocket. A similar case has come up with tow and storage. (Mercury says they will pay it but only by subtracting from the limit of 10k when my car is worth more.)
6) I have, hopefully not too hastily, already signed with Mercury that I am receiving a settlement check of $10k (actually to me and the lien holder) for Property damage arising from the accident. I did this because I absolutely must have transporation for work and school, and although $21/day may not seem like much for a rental, it adds up especially considering that it may take another month before I can get the title to my totaled car.
7) I was injured in the accident. I have not settled on this yet. I have not yet gone to a doctor.

I have several questions:

1) Can I take the other driver to small claims to try and get back some of the money for rental and tow/storage due to his neglegence? Do I have any chance at all of getting any money this way, when taking into account California law?
2) The adjuster made the statement that, since my own insurance was in lapse, I cannot receive any settlement for "pain and suffering" and named a california proposition number which I unfortunatly do not recall. Is this true? Is there a way around it?

Any advice on this is greatly appreciated.

Thanks.

You were, on the date of this accident, an uninsured driver. Under former Proposition 213, now codified as Civil Code section 3333.4, you're only entitled to your out-of-pocket expenses. You will not get any money for Pain and Suffering (General Damages).

California voted on this back in 1998 - - meant to teach a lesson to uninsured drivers. Now, you're learning a lesson!

Also, this is why no attorney will touch your claim - - because there's no money in it.

IAAL

 

[spwalker]

You were, on the date of this accident, an uninsured driver. Under former Proposition 213, now codified as Civil Code section 3333.4, you're only entitled to your out-of-pocket expenses. You will not get any money for Pain and Suffering (General Damages).

California voted on this back in 1998 - - meant to teach a lesson to uninsured drivers. Now, you're learning a lesson!

IAAL

But does this exclude me from recouping on storage/tow/rental expenses?

From how it appears to me there is really no use in getting a liability policy more than the legal minimum, yet insurance companies seem to scare you into paying more for a higher limit. Is this true (that you are not liable for anything beyond your policy limit)?

 

[justalayman]

But does this exclude me from recouping on storage/tow/rental expenses?

From how it appears to me there is really no use in getting a liability policy more than the legal minimum, yet insurance companies seem to scare you into paying more for a higher limit. Is this true (that you are not liable for anything beyond your policy limit)?

No it isn't true

How about we make this simple. The other driver's insurance is willing to give you up to $10k, their limit of liability for the other driver. From what IAAL stated you won't get any "pain and suffering" due to Cali's laws.

Anything else that you are entitled to (actual losses) the other driver would be liable for. If he has more than a pot to p in you will probably have to sue him to get it. That's about it.

 

[stephenk]

Did you already sign the release for the $10k? If you did, you can't go after the driver for the value of your vehicle above the $10k amount.

However, you can sue the other driver in small claims for your out of pocket expenses related to the loss: car rental, towing, and storage.

You can also sue for your actual medical expenses and your loss of income. You cannot sue for pain and suffering.

Since it is going on 3 weeks since the accident and you still haven't gone to a doctor, a small claims judge may not really believe you were hurt. If you have health insurance go through your own doctor for a check-up.

Starting on January 1, the small claims limit goes from $5000 to $7,500.

Good luck.