Legal Question in Insurance Law in California
Responsibilty to pay insurance co over amount in coverage
I was at fault in an auto accident and the ins co is telling me although 5,000.00 was paid I am responsible for an additional 6,000.00 since the total for the other car was 16,000.00(10,000 was rental and other fees,etc.)
Although I have insurance and the 5,000.00 was paid am I obligated to pay more money even though I do not have the money and no assests(My car was totaled)and the ins co. says that either I pay or go to court.
They want 100.00 a mo until the 6,000.00 is paid.What should I do?
2 Answers from Attorneys
Re: Responsibilty to pay insurance co over amount in coverage
What was the total amount of your coverage? Are you saying your own insurer paid out $11K and wants you to pay it back $6K? I cannot understand how this happened unless it was for property damage only and your policy limit was the statutory min. of $5K. But if that were the case, your insurer had no right to just pay the amount without trying to protect your interests.
Please fill me in on the details so your question can be intelligently answered. Exactly what happened and how did this situation result?
Re: Responsibilty to pay insurance co over amount in coverage
yes, you have to pay if you were at fault but if it goes to court your insurance co must hire a lawyer for you. you might let it go to court and ask the lawyer to negotiate a discounted settlement.