Legal Question in Insurance Law in California
Car Rental Maximum Reimbursement
My car was parked and struck by another car. The driver's insurance will reimburse me for only a maximum of $21.99 plus tax for a car rental. Am I entitled to more than their maximum reimbursement amount, if the average auto rental is much more than $21.99 plus tax?
1 Answer from Attorneys
Re: Car Rental Maximum Reimbursement
The insurance policy will not pay you more than the policy limits for any given item. The insurer isn't obligated to do more; the insured probably could have purchased a policy with higher limits but chose not to, and the insurer is not required to provide coverage for which it was not paid.
If you feel you should receive more then you can take the insured to court. This process is not likely to be worthwhile just for the added cost of a few days' car rental, but if your property damage and/or any medical bills (I don't know if you were in the car at the time) also exceed the policy limits then you might want to consider taking legal action against the other driver.
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