Legal Question in Insurance Law in California

Car Insurance claim

While test driving a car I bumped into a light poll on the car dealer's premises. The insurance company of the dealer does decline the claim and now my insurance has to cover it. Isn't the car dealer insurance company require to cover such claims. What can I do now?


Asked on 3/10/09, 5:49 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Car Insurance claim

Either pay out of pocket or submit the claim to your insurance carrier to handle.

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Answered on 3/12/09, 3:17 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Car Insurance claim

You caused the damage, so you are responsible for it. If neither you nor the dealer had insurance, the analysis would end there.

Whether the dealer's insurance should cover this incident depends upon the language of the policy. Since I don't know what the policy says, that's the best I can do. But even if the dealer's insurance covered the loss and paid the claim, the insurer would be entitled to sue you to recover its money. Such suits are called subrogation actions, and they happen all the time.

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Answered on 3/12/09, 3:18 pm


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