Legal Question in Personal Injury in California

While my car was parked in front of my house a UPS truck sideswiped it. It was a hassle getting them to get someone to assess the damage. I was in the process of moving from California to Georgia so the repairs had to be done in Georgia. They finally had an appraiser give a quote and we were issued a rental car. When my husband took the rental car he did the extra insurance. I asked to get reimbursed for this cost because this was a cost we are enduring at no fault to our own. The insurance company said no they will no reimburse us because we did have to take the insurance out since we already have insurance; however it is something we always do because we have a $500 deductible. The insurance agent was really rude especially considering we have been extremely patient with them. Once the car was taken apart it appears damage to the car is more extensive then what was thought. Now it seems we will have the rental car longer. Is the insurance company liable for the cost of insurance??


Asked on 11/24/15, 12:56 pm

1 Answer from Attorneys

No. They are correct that you are electing to get better insurance on the rental car than if you were driving your own car and the $500 deductible would apply. They only are obligated to provide loss of use, which means putting you in a rental at the same risk as if your car had not been damaged - meaning you have the $500 risk. If you want to eliminate that risk on the rental that is not their problem.

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Answered on 11/24/15, 1:12 pm


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