How do you make the other party insurance accept liability when the driver is not included in the insurance policy?

Asked over 3 years ago - Pleasanton, CA

My wife had a rear-ender and the driver of the other car accepted fault but is not included in the insurance policy of the car. He claims to be the son of the insurance policy holder. The other party insurance refuses to accept liability. I have a deductible of $500. My insurance asks me to wait until the other party's insurance gets back and says its difficult to claim rental charges for the period my car was in body shop, as I do not have rental policy coverage. What are the legal steps? How do I claim for the rental charges as well as body injury(my wife had slight neck and back pain after the accident)

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . You cannot make the other party's insurance carrier accept liability, nor will they. To claim rental charges as well as bodily injury, you will need to hire a personal injury attorney to make those claims on your behalf. In all likelihood, a lawsuit will have to be filed to recover all of your damages ($500 deductible, loss of use, medical expenses, pain & suffering).

  2. Mark Jeremiah Peacock

    Pro

    Contributor Level 10

    Answered . Well - the most efficient way to handle this would be to file a lawsuit - that will get everything lined up correctly! For example, it would make the "issues" that are yours right now (e.g., who is covered? etc...) the "issues" of the driver (& owner) of the other car that hit you.
    Best of luck!

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  3. Louisa Tzu-I Chen

    Contributor Level 7

    Answered . You cannot make the other party's insurance accept liability in any scenario. Liability will be determined if there is a lawsuit. With that said, the law in every state is different in determining liability when the insurance policy holder was not the driver when the accident happened. In some states, if the owner gave permission to the driver who caused the accident to drive the car, then the owner's insurance policy would apply. It is best for you to contact a personal injury lawyer in your state to determine what the law is and what your rights are. Best of luck.

    This response is for information purposes only. This response does not consitute legal advise.
  4. Brian C. Pascale

    Pro

    Contributor Level 18

    Answered . Contact an attorney in your area. The insurance carrier is going to continue to play games with you. If the other driver was operating the vehicle with the owner or insured's permission, then they are covered.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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