Legal Question in Insurance Law in California

Amount asking and amount paid do not match

I rear-ended a BMW. My insurance says I am not covered for the extent of damages, and they will only pay a portion. The other insurance contacted me and tells me I owe them the difference, payable in installments. I send a letter requesting all quotes and receipts. They sent me a copy of one quote and they reciepts paid, which included two deductibles charged to the other driver and 30 days rental car. The total of the reciepts sent equal out to substantially less than they are seeking. Do I contact them and claim responsibility only for the charges they have proven, or should I not claim responsibility for anything more than my insurance will pay (which is the total of reciepts minus the two deductables and car rental)?


Asked on 3/24/04, 4:10 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Amount asking and amount paid do not match

Your own insurer has a duty to defend your interests. I would have your insurer do all of the work, which includes keeping your liability to a minimum. Write to your insurer and ask for a status report and copies of all materials it obtained from the claimant or his insurer. Then compare the info with your policy limits and see if there really is an uninsured risk. If so, demand your insurer settle you out for the limits so there is no personal liability. Do this all in writing, no phone calls, so if your insurer calls you, don't talk but insist on a letter.

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Answered on 3/25/04, 4:50 pm


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