My son was involved in an accident two weeks ago He was not at fault agreed by both parties insurance here's the problem

Question

The other party insurance is saying their client have a cap of $5000 for damages. repairs for his car will go over that so  
how is that my son's problem? besides waiting two weeks for them to respond with the claim, now they're acting like  
he's liable out of his pocket for repairs exceeding their client coverage. Why is that his problem? If it's not he's fault, he 
wants his car fixed period! That's why you have insurance or should be. So we want to know where we stand or what 
course of action we need to take. Thanks for any feedback.

Alexander Bakhache Perez · Answer

yes this is a problem now that CA has allowed $5000 in PD coverage for low income drivers. need to go through your son's insurance and pay deductible if that is an option, then you will get back a pro rata of deductible.  
option #2 take the case to small claims court for $45 takes 2 months, even if you win may not be able to collect more than the $5000 from other driver since they are low income, not sure, depends if they work. 
that is if for options to fix the car.  
in the future carry better coverage on your own, lower deductible, and UM coverage for sure, this is a big problem for CA. 
 
If your son is hurt an attorney can help with the PI side and the doctors and make a recovery demand for medical, if not hurt no attorney is likely to take your case and help you, because it would be too expensive to pay an attorney per hour without a PI case as well.

William John Light · Answer

How is it not your son's problem?  The other insurance has a limit of $5k.  That is the max that his insurance will pay for property damage.  Unless you son had bodily injury, he isn't getting any more than that.  You can refuse the $5k, and sue the other driver for the entire amount of the property damage in Small Claims.  The insurer will pay its $5k and you can try to enforce the Judgment against the other driver for the balance.  Your son could have avoided this problem by buying his own collision/comprehensive insurance.  He wouldn't have to rely on the possibility that the other driver had adequate insurance coverage.

Dale S. Gribow · Answer

the easiest thing is to put through your ins co and let them subrogate against the other co on the property damage......or sue the other party in small claims court for the difference. 
 
if your son was hurt a  lawyer would take the case on a contingency. That means the lawyer would take a percentage of what is collected and not bill you on an hourly. 
 
if he is hurt contact me and i will give you some names of lawyers in your area........760 837 7500

Manuel Alzamora Juarez · Answer

You need to turn this case to your son's insurance company.  Best of luck!!!

Q: My son was involved in an accident two weeks ago He was not at fault agreed by both parties insurance here's the problem