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at fault party's property damage limits at $5000

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M

mux41

Guest
What is the name of your state? CA

My car was rear ended while parked on the street and no one injured except the damages to my car and the other two cars in front of mine. The initial estimate on the damage of my car is over $11000. My questions are:

1. How will the insurance company divide the $5000 property damages to the three parked cars, which was hit?

2. The at fault party should be responsible for the all the damages in addition to the $5000 limit in property damage which he carries in his insurance policy. How can we get the money back on all the money we pay out of our pocket, including rental car expenses and the deductible that I have to pay to my own insurance to repair my car?

3. The adjuster of the at-fault party's insurance didn't inform me on the $5000 limit on property damage until one month after the accident and he kept misleading me that his insurance company will be totally responsible for the rental car expense as well as the repair, but now they denied everything bcause they just realized the property damage coverage is not enough to pay off all damages. The accumulated rental car expense is more than $1000 now. If the at-fault party's insurance company would not pay me the rental car expense in full, then I have to follow the at-fault party for the money? or the adjuster's misleading will be liable for bad faith action or punitive damage as well?

Thanks.
 


I AM ALWAYS LIABLE

Senior Member
mux41 said:
What is the name of your state? CA

My car was rear ended while parked on the street and no one injured except the damages to my car and the other two cars in front of mine. The initial estimate on the damage of my car is over $11000. My questions are:

1. How will the insurance company divide the $5000 property damages to the three parked cars, which was hit?

2. The at fault party should be responsible for the all the damages in addition to the $5000 limit in property damage which he carries in his insurance policy. How can we get the money back on all the money we pay out of our pocket, including rental car expenses and the deductible that I have to pay to my own insurance to repair my car?

3. The adjuster of the at-fault party's insurance didn't inform me on the $5000 limit on property damage until one month after the accident and he kept misleading me that his insurance company will be totally responsible for the rental car expense as well as the repair, but now they denied everything bcause they just realized the property damage coverage is not enough to pay off all damages. The accumulated rental car expense is more than $1000 now. If the at-fault party's insurance company would not pay me the rental car expense in full, then I have to follow the at-fault party for the money? or the adjuster's misleading will be liable for bad faith action or punitive damage as well?

Thanks.


My response:

Where's YOUR insurance company in this equation?

IAAL
 
M

mux41

Guest
My insurance company asked me if I would go thruough them or the at-fault party's insurance right after the accident. I chose to go throuth the other party first. However, because the adjuster of the at-fault party's insurance kept hidding the truth until one month later and their insurance actually assigned the case to another adjuster internally. I just found it out yesterday when I called up the old adjuster. right now, they declined to fully reimberse my rental car expense. in my understanding, the at-fault party should be responsible for the rental car expenses until my car is fixed, right? And I am going throuth my own insurance company to have my car repaired first. I will pay the deductible first and I should have the money back after my insurance sobrogate the money from the at-fault party and his insurance, right?
 

I AM ALWAYS LIABLE

Senior Member
mux41 said:
My insurance company asked me if I would go thruough them or the at-fault party's insurance right after the accident. I chose to go throuth the other party first. However, because the adjuster of the at-fault party's insurance kept hidding the truth until one month later and their insurance actually assigned the case to another adjuster internally. I just found it out yesterday when I called up the old adjuster. right now, they declined to fully reimberse my rental car expense. in my understanding, the at-fault party should be responsible for the rental car expenses until my car is fixed, right? And I am going throuth my own insurance company to have my car repaired first. I will pay the deductible first and I should have the money back after my insurance sobrogate the money from the at-fault party and his insurance, right?


My response:

Right.

Also, you can forget about suing the other party's insurance company. Third party bad-faith liability has been outlawed in California; and, besides, you have nothing in writing concerning what was said to you by the insurance adjuster. So, you have no proof to even file a complaint with the California Insurance Commission.

If, after your insurance policy has been exhausted, and there is any money due and owing you, you can always file a Small Claim court action against the tortfeasor, personally.

IAAL
 
M

mux41

Guest
Thanks a lot, IAAL.

I guess the calls between the adjuster and me were either monitored or recorded. Would those recordings, if there are any, be qualified for evidence against the insurance company?
If I have to file a Small Claim court action, how long will it last approximately?

Thank you again.;)
 

stephenk

Senior Member
Just because the other adjuster made a misrepresentation, intentional or not, about the property damage limits on his insured's policy does not give rise to any bad faith claim. You didnt do anything differently because of the misrepresentation.

Have your insurance company fix your car. Tell them to waive the deductible since the accident is not your fault.

Once your car is fixed and all your losses are finalized, then file a small claim action against the other driver and owner of the car, if different. Small claims limit is $5,000.00.

Small claims hearings are usually set about 40 days after you file the complaint.
 

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