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Is it legal for at-fault-party insurance company to refuse paying damage repairs and rental IN FULL?

Los Angeles, CA |

Last week my car was hit by someone who was backing out from his parking spot.The guy admitted it was his fault, and provided me his insurance information. He did not ask for mine. When I made a claim to his insurance company they said I could pick any repair shops I want and they would pay for it. They said they would pay for rental too while my car is in repair.Today I received a letter saying they would only PARTIALLY pay for the rental and damage repairs. Is this legal for them? I thought the insurance company are obligated to pay until the car condition is restored prior to the accident. How do I seek compensation for the damages and rental, since this accident was not my fault at all? I'm located in Los Angeles, California. Thank you for replying.

Attorney Answers 4


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It sounds like you need the assistance of a lawyer, to negotiate on your behalf. If you are unwilling to do that, simply speak to the adjuster handling the claim and ask them to provide you with the reasons why they are not paying for everything. It might be that there is a limit to what the other party is entitled to under his policy. Also, if you report it to your own insurance policy, they may be willing to make up the different and then they will go after the other insurance company to get reimbursed. Good luck! If you are looking for an attorney, a friend of mine handles cases like this, her name is Jasmine Gevorkyan and can be reached at 310-659-4900.

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My experience is that most insurance companies and their adjusters will try to resolve claims for as little as they can. If you obtain the basis for their decision and provide rebuttal evidence in support of your cliam, the offer may increase. Also, depending on the policy that the other driver has, there may be limits on what they can pay out of that policy. Another option is for you to submit the matter to you own carrier, since they will have a greater obligation under California law to pay your claim (as "first party" insured) and then once they've paid they will then decide whether to fight it out with the other party's carrier over the difference.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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You should insist that they pay for all of your damages, including rental car & car damage repairs. Insist that the ins. co. do this & if they do not, consult /w an attorney

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