Legal Question in Insurance Law in California

Insurance liabailty

My car along with 5 others were all crashed into by a

driver while they were all parked on the street. I

went the routine route contacting insurance co etc.

The guys insurance company finally made contact with

me 3 days later and stated that there was a liability

limitation on the guys policy of 15,000. The estimates

on my vehicle alone were 6500+ and I know another car

was in excess of 7000. My question is will I have my

repairs covered by his insurance. Also the rental car

is only partially covered by my ins, am I responsible

for the remaining balance of the rental? Plus the

repairs have taken over 30 days am I responsible for

the extra costs. I am a full time student, I work full

time and support my 9 month old daughter. I can not be

without a vehicle. What are my options to collect on

my inncurred expenses? Please help. Thanks Brian


Asked on 11/15/01, 1:17 pm

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

Re: Insurance liabailty

First, get a copy of the policy declarations page. Make sure what you are being told is in fact the truth. No exceptions.

You need a written statement that the defendant was not acting in anyone's employment (a legal term) or that someone else (including a business) is not responsible for the accident. Where was the defendant going, why, where had he been? Who owns the car? The owner has a separate liability from that of the driver.

The fact of insurance does NOT mean the defendant is not personally responsible. You can sue and obtain a judgment for all of your expenses. If your out of pocket is under $5K, because your own insurer pays for most of your damages, sue the defendant in small claims.

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Answered on 11/15/01, 7:52 pm


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