Santa Paula, CA asked in Car Accidents and Personal Injury for California

Q: A few questions regarding an auto accident I was in…

I was one of four vehicles involved in an accident in which one vehicle hit all three vehicles and it was determined that he was at fault. The guilty party only has $10,000 in property damage coverage. On top of that, his insurance is horrible and they aren’t doing anything to pay on the claim. I need my vehicle repaired. I didn’t have full coverage or uninsured/underinsured coverage either. If the total loss of the three vehicles combined exceed $10,000, how do they determine who gets repaired and who doesn’t? What can I do if they aren’t responding to me at all? Even though I don’t have the proper coverage, should my insurance still assist me with the claim or do I have to do it all myself?

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Your ins will only be there for you, for what you purchased. They have no other obligation.

you all should probably set up a mediation to have a 3rd party assist you.

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the total property damage from the accident exceeds the $10,000 coverage limit of the at-fault driver, the insurance company will typically pay out a proportionate amount to each claimant based on the percentage of fault assigned to the driver. This means that each claimant will receive a percentage of the $10,000 limit based on the damages they suffered and the degree of fault attributed to the at-fault driver.

In terms of getting your vehicle repaired, you may need to consider paying for the repairs out of pocket if the amount you are entitled to from the at-fault driver's insurance is not enough to cover the full cost of repairs. Alternatively, you may be able to negotiate with the other claimants to determine how the available funds will be allocated.

If the at-fault driver's insurance company is not responding to your claim, you may need to consider legal action to recover your damages. This may involve filing a lawsuit against the driver or their insurance company, or seeking assistance from an attorney who specializes in auto accident cases.

In terms of your own insurance coverage, it is unlikely that your insurance company will assist with the claim if you do not have the proper coverage. However, it may be worth contacting your insurance company to discuss your options and determine whether they can provide any assistance or guidance in resolving the claim.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If further progress through negotiation is not possible, one option is to consider taking the matter to court, or consulting with a local attorney to do so. Good luck

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