Legal Question in Insurance Law in California

Liabilty of insured driver

Two individuals were involved in an auto collision with no injuries sustained, and damages to both cars totalling about $8000. No police report was filed, but person ''A'' accepted fault verbally to person ''B''. Person A notified insurance company, acknowledging own fault in the collision. Person B also spoke to Person A's insurance company, corroborating story. Insurance processed a claim to cover damages to both parties' automobiles. Now Person B is calling (through a third party claiming to be a collection agency)Person A, claiming the insurance is not paying enough, and threatening to sue. 1)Can person A be held liable for financial damages? And 2)If this is not a legitimate claim by Person B (or this collection agency that is claiming to represent person B) what recourse does person A have to stop the harrasment?

Thank you for your help


Asked on 5/04/04, 2:23 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Liabilty of insured driver

Person "A" should immediately turn all of this over to his/her insurer who will handle all of it. The insurer should defend against any financial damage and will be able to negotiate with the "collection agency."

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Answered on 5/07/04, 4:19 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Liabilty of insured driver

I agree with Mr. Murray. I want to add that, if B's insurance actually did not pay enough to fully cover his losses, then he can indeed hold A liable for the shortfall. As Mr. Murray said, this is something A should ask his insurance company to handle for him.

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Answered on 5/07/04, 8:16 pm


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