OK Here's the scenario which is not in dispute.

Car#1 pulls out of a parking lot into the path of westbound vehicle #2 who swerves to avoid vehicle #1 crosses the center line and hits eastbound MINI causing 10K+ damage.

Car#1 has no insurance

Car#2 has 10K liability limit.

MINI has full coverage with $500 deductable and no rental coverage.

MINI insurer thinks that car #2 insurance pays 10k. MINI owner (me) pays $500 deductable and covers rental, and they pay remainder.

I say insurer #2 pays my deductable, my rental car (approx $1500 for 8 weeks MINI says it will take to fix my car) and remaining $8k goes to pay repair bills and my insurer covers the rest.

Anyone know how this should work! In CA?

 

Hey!! I am sooo sorry to hear that! I dont have a clue about CA laws (im from jersey) but I do have a lot of experience with idiots hitting me! I feel for you! Hope everything works out! Im sure you will get plenty of great information from all the wonderful people here on NAM!

 

You should avoid paying anything out of pocket, which includes your deductable. I like your scenario better, with your insurance paying anything over the 8K.

 

I think the way it actually works is this:

You pay your deductible and the rental. Your insurance pays the rest to fix the car. Car #2 insurance reimburses you for your expenses (deductible + rental). Your insurance company goes after car #2 insurance company to recover what ever they can.

Essentially the same result as your scenario, but in proper sequence.

 

I say I am glad for you that car #2 is paying anything.

I have a friend who swerved to miss another car (the other car was in the wrong for pulling out) & because he did not hit the car that pulled out my friend's insurance company had to pay the entire bill. Why??? because he did not hit the car that pulled out. He was told if he had hit the car then the other's insurance would have paid but since he missed the car & wrecked my friend was at fault (insurance-wise). My friend said the moral of the story was...if somebody pulls out in front of you, hit them

Go figure

 

The whole situation depends on whether CA is a no fault state. If so, your insurance company pays you your damages less deductible. If not then then your company should be collecting full damages from driver #2 (if they do not get enough from #2's insurance they may or may not choose to go after #2 depending on his/her financial situation) If they do not make full recovery from #2, they will not pay your deductible, but are obligated to pay you the rest. #1 is morally and ethically to blame, but difficult to pursue unless one can prove gross negligence(almost impossible to do)

Read your policy. They cannot draft policy terms that conflict with the laws in your state.

 

Not familiar with CA policies, but most states have underinsured motorist coverage for just this type of claim. It is not unusual for someone on a tight budget to go with the lowest limits possible, leaving anyone they do damage to holding the bag. Check your policy thoroughly for any mention of underinsured. There should be no deductible.

 

That's interesting. I just talked to perp #2's insurance guy and he says they have no liability because perp #1 caused the crash. Insurance guys are weasels

 

May I recommend that you get an attorney?

 

I think I'm Ok at this point. I have coverage and my company will cover my car damages. Since perp #1 is un-insured, they told me today they will waive my deductable.

I took the rental car back today, so I'm only unsure of $242. I'll have to figure a way to figure that into my insurance company claim.

I'll probably borrow a car from my dad in the meantime. He's 81, my mom's 80 and doesn't drive and they have 3 cars They only live about 1.5 hours away.

 

The answer to that is "prove it or pay it". Gawd, I sure love me some bad faith action! Treble damages rule!

 

Sometimes in situations like this one I think it is best to file with your insurance company & let them go through the headaches

Hope you are back up & running soon