5k Property Damage Limit in California?
I was involved in an accident with a driver from Enterprise, who admitted fault for the incident. Their insurance assessed the damage and sent me a small check.
However, after taking my car to a body shop for repairs, they identified damage that exceeds five times the amount the insurance initially provided.
The other party’s insurance informed me that they have a maximum of $5,000 allocated for property damage in California, which must cover everything, including rental costs, towing, and storage. This means any costs beyond that will have to be claimed through MY insurance, even though I wasn’t at fault.
I’ve already been in a rental car for nearly two weeks, which I suspect is consuming a significant portion of that $5K limit on its own.
I find it hard to believe that a large company like Enterprise would have such a low limit for property damage.
What options do I have besides filing a claim with my own insurance?
I’m sorry to hear about your situation. It can be very frustrating dealing with insurance after an accident. Here are some options you can consider:
Negotiate with the Insurance Company: You can try negotiating with the other party’s insurance company. Present them with the body shop’s estimates and any additional documentation that supports your claim for higher damages. Sometimes, they may be willing to re-evaluate their initial appraisal.
Request a Detailed Breakdown: Ask the insurance company for a breakdown of what their $5,000 limit covers. This includes understanding how much of that is allocated for damages, rental, towing, and storage. This information might help you negotiate more effectively.
File a Claim with Your Own Insurance: While it feels unfair to go through your insurance when you’re not at fault, your own insurance may be able to help expedite repairs and get you the funds you need quickly. They can also subrogate against the other party’s insurance to recover the costs.
Consider Legal Action: If negotiations fail and the damages are significant, you might want to consider consulting with a lawyer who specializes in accident claims. They can provide guidance on whether you have the right to pursue further compensation directly from the at-fault driver or their insurance.
Discuss with the Body Shop: Talk to the body shop about your situation. They might have experience dealing with insurance companies and can offer suggestions on how to handle your claim or potentially work with you on payment arrangements until the insurance issues are resolved.
It’s always a good idea to document every communication and keep copies of all relevant paperwork. Best of luck navigating this!