Legal Question in Personal Injury in California

When leaving a concert in touch and go traffic I rear ended a person. There was minor damage done to his car and he filed and claim. My insurance agent called me and told me that I would have to pay any expenses out of pocket. The person who I hit contacted me today asking for $378 to pay for his rental car. Am I obligated to pay him?


Asked on 10/19/10, 3:52 pm

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Of course, you caused the damage, didn't you? If you did not have liability coverage, you must pay. If you had liability coverage, your insurance would have to pay. Get your insurance agent to explain why they are not paying.

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Answered on 10/24/10, 3:59 pm

Mr. Marman is correct that if you had insurance the carrier has to pay, but only anything over your deductable. My guess is you have a deductable over the amount of the claim, probaby $500. If the claim is less than the deductable, you are definitely obligated to pay him.

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Answered on 10/24/10, 5:08 pm

Both of the attorneys listed above are correct.

1) Find out what your deductible is.

2) Confirm in writing with your insurance company what amount you should pay and to whom prior to paying.

3) Ask your insurance company to explain in writing why this type of loss is not covered by your policy.

4) You should pay no more than your deductible provided that you have coverage.

5) Ask your insurance agent what you should do to avoid this type of loss in the future. Educate yourself on your options. Keep in mind that the lower the deductible, the higher the cost for the insurance policy.

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Answered on 10/26/10, 9:43 am


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