California  |  Insurance Law

Legal Question

Asked on: 4/03/12, 4:40 pm

Can a car insurance refuse to pay a rental car bill because their investigation took long?

Some lady hit my car when she ran a red light at an intersection Feb. 25. I have police report and a witness on my side.

I filed a claim with her insurance and not mine cuz everyone told me not to. The claim adjuster on her insurance took her time on finding her at fault even though I had a witness. My car was towed at the scene, i gave authorization to the body shop but they couldnt fix the car until they got the check from AAA (her insurance). Now they wont cover the car rental from Feb. 25 to March 9th because they say i could of had my insurance fix the car and therefore it wouldnt have taken so long.... Technically, i dont have to file a claim with my insurance if im not at fault so why wont they pay?

I mean why should a law abiding citizen have to pay out of pocket and miss paying her rent when the reckless driver doesn't have to pay a dime? Can they do that?

P.S. It's April 3rd... still no car.

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