Legal Question in Personal Injury in California

I was in an accident in California. I was deemed at fault. The other driver was not insured. My insurance company will pay the a max of $5000. The damages to her car will not exceed that however she is demanding I pay her tow expenses and rental car fees which she estimates is about a $1000 above the 5000 needed. She was uninsured at the time of the accident. Do I have to pay that? or should I give her the ultimatum of "take the $5000 or go to court?"

Update..Sorry for the previous was supposed to be $1000 above the $5000 not 100.

Asked on 10/08/09, 10:02 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If she accepts $5k from your insurance carrier, it should also require her to sign a release of all other claims against you. Make sure your insurance carrier does that.

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Answered on 10/09/09, 2:07 pm

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