Legal Question in Personal Injury in California

You are ultimately going to pay for all of it. Her insurance company is not just going to pay for an accident that was not their insured's fault without looking for reimbursement. They have a right to what the law calls "subrogation," which is a fancy word for "if I have to pay you for what someone else did to you, I get to step into your shoes and sue them."

If you were driving your own insured vehicle I do not see how your own insurance company could refuse to pay at least the minimum $5,000 in property damage coverage for the other vehicle. Do you mean that your policy did not cover the damage above $5,000?

Do not rely upon what many people say unless they have some expertise in the subject. You need to find out from the other driver or her carrier what the policy coverage and limits are. She may have uninsured and under-insured motorist coverage. She can have "full" coverage but declined to have rental car coverage.

Your insurance must first pay its policy limits. Then her insurance will cover what is left over up to her limits for the property damage. If her policy does not provide for a rental car, then you owe her for that [normally between $15-30 per day for a comparable vehicle] and you owe her insurance company for the amount they have paid. They will contact you. If she has rental car coverage, you will then have to pay her insurance company for what they paid her. So the only question is who you pay.

Time for a little dose of reality for you. YOU are responsible for the damages you cause in life, including this. Her having insurance is not a defense to you. Either she or her insurance company will sue you if you don't pay.