Legal Question in Insurance Law in California
How can I get my rental car money back?
Hi,I had an accident on June 12th,2001.A policeman in his private truck rear-ended me,and I was informed only on June 28th,that his insurance won't covering his claim as he was late to pay for his monthly bill.On the day of the accident I rented a car,I have been going to the doctor and am still going+will be starting Physical Therapy next week.I had to call my insurance more than couple of times, and call the third party insurance few times also to know if they will covered for my damages.Once I knew,my insurance checked my car,and said it was a total loss.I receive the 90% of the value of my car last week.I had to give the rental car back last Wednesday.The person who rear-ended me (with no insurance coverage)said that he will not cover for the remaining amount that my insurance will not pay.My insurance paid $660.I had to pay $1294 on my own....I am planning to take the police officer to Small Claims to pay me for the remaining amount I had to pay.Note that he was aware that his insurance will not be covering his claim a week before me!Is it my only solution to take him to Small court?How can I get my money back?As you might know I still did not find a car to replace the one I had.Thanks.
2 Answers from Attorneys
Re: How can I get my rental car money back?
You can sue in small claims for up to $5k, so claim all of your car repair, rental, loss of use, and medical expenses plus pain and suffering.
I would also get his insurer to state in writing exactly why coverage was denied. There is a grace period for late payments in auto insurance, and you cannot be sure without a written statement specifying when payment was due and when it was sent.
If you have sufficient personal injury, you might want to contact an attorney to make a claim against the driver or his insurer. You might find out that the facts are different if a lawyer asks.
Re: How can I get my rental car money back?
If you had insurance, you should at least have a minimum of 15,000 in uninsured/underinsured coverage. This type of coverage is for this exact type of situation wher the other driver is uninsured. You should contact your insurance company and find out what kind of coverage you have. You may also want to contact his insurance carrier for a statement showing the exact date the insurance was terminated. If all else fails, small claims is your best bet. Hopefully, your private medical insurance is paying your medical bills so you don't have to worry about that. Good luck. Feel free to email me at [email protected] if you have any other questions.
Sincerely,
John Hayes, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
