Legal Question in Insurance Law in California

You're not the first person to post here who is asking for help because they should have gotten renters' insurance and didn't. You cannot sue someone else's insurance company. The insurance company that insured the car is only responsible to pay up to their policy limits. The only other thing you can do is sue the owner of the car.

Put another way, the insurance company only has a duty to cover claims against the insured (the owner of the car) up to the amount of insurance that the owner purchased. But it is not the insurance company who owes you money - it is the owner of the car, who is the person you would need to sue. And in theory, you may be entitled to a judgment against the owner of the car in an amount that exceeds the policy limits. In most situations, you would have to collect the difference between the amount of the judgment and the policy limit, against the owner of the car personally. Whether that person has the ability to pay any of that excess judgment is another matter.

Also, you should consider making a claim against your landlord as well. I do not know enough about the circumstances of the fire to determine whether you have a claim for negligent maintenance of the premises or another theory, but it is worth looking into. The landlord and/or his or her insurance company might kick in some money if there is exposure. The landlord, of course, may also have a claim against the owner of the car for damage to the building itself, etc.

Next, the facts of each case can create or limit liability and the duty to pay in many ways. My comments are general in nature, and you may have more or fewer rights than stated here.

Finally, you need to act quickly. That you have been "negotiating" this long with the insurance company suggests that it is hoping to string you out until your statute of limitations runs. The negotiations do not toll the running of your time limits.

For all of these reasons, you should consider investing in a consultation with a good attorney in your area.

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