Legal Question in Insurance Law in California
auto accident uninsured driver
I was in an auto accident while I was driving a rental car- I would pay any damages for collision out of my own pocket- I do not drive the car that is in my name- that car is insured my wife's name. The accident had only collision damage- no police report was taken- the other driver kept insisting I produce insurance- to avoid confrontation and possible police activity i called my wife and got her policy#. i was driving north on camino real in carlsbad and just before town and country road i might have nodded off- i am possibly narcoleptic- recently discovered- at any rate my car
drifted to the left of my lane where my right front bumper just tapped the passenger side rear bumper of the other car-her damage did not look that bad- perhaps she was too far to her right? At any rate I am a nj licensed driver- but not sure of the status of that license. the bottom line is the auto car rental company, budget, took $900 OFF my credit card- which I assume paid off their damage- do i have a right to question that amount? mORE IMPORTANTLY- I HAVE NOT SPOKEN TO ANY CLAIMS REPS YET- SEEMS TO ME LEGAL ADVISE WAS IN ORDER- I WANT TO SETTLE WITH THE OTHER DRIVE OUT OF COURT IF IT WAS MY FAULT- I NEED AN ADVOCATE
1 Answer from Attorneys
Re: auto accident uninsured driver
Under the rental contract budget probably had the right to take the $900 unless you took damage waiver on the rental contract. Check that.
On the issue of the claims rep, the question(s) are (i) has one contacted you, and (ii) if so, working for who. You don't have an obligation to speak to anyone, but its important to know who a claims rep is working for before you start discussing an accident with one.
If you are a permanent Cal resident, get a Cal lic.
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