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Does he have a case?

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makara13

Junior Member
What is the name of your state? California

November 25, 2004 I was in an at fault accident. My insurance company reached a settlement with the guy I hit, and sent him a settlement check on December 22, 2004. Part of this settlement included $1000 liability, which covered car rental costs.

The guy had a rental car from November 26, 2004 to March 3, 2005, and accumulated a $5800 bill as a rersult. He is now suing me for that amount, claiming that since my insurance company didn't cover the charges, I am responsible.

Since my insurance company did in fact pay $1000 towards his car rental, which would have been enough to cover the charges from the time of the accident to the time the settlement check was sent to him, am I at all responsible to pay for any charges that occured after settlement date?

Secondly, should it have taken 98 days to repair his vehicle? My car was totalled as a result of the accident, and I was informed of this, as well as able to get a new car by December 30, 2004.
 


I don't know anything about insurance issues but I have a question? Did you have limited or full tort coverage? What did he have? But even if you had full tort and he had limited, it seems to me that if he accepted the check for $1,000 as payment for his rental then that part of the case should be closed. Once a plaintiff accepts money then I don't think they can sue for anymore. He signed on the dotted line to take the check and I am sure it has been cashed. How is he contacting you for the extra money? If he is contacting you personally then that is a no no, it might be considered as harassment. 98 days to fix a car seems way out of line. This is just an opinion and I am not a lawyer.
 

analytical1

Junior Member
Did this guy sign any paperwork from your insurance company that he was accepting this as "payment in full" for the claim?
 

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