What to do if I had an accident 5 days ago but my car has not been sent to a shop because the insurer of the person who hit is not accepting responsibility?

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What to do if I had an accident 5 days ago but my car has not been sent to a shop because the insurer of the person who hit is not accepting responsibility?

It said that because he has a limited policy it may not be able to cover the damage. The auto shop that I want to take my car to will not take it until they know who will pay for the service. Also, I had to pay for my own rental.

Asked on January 13, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may have to pay for the repairs (and rental), then sue the at-fault driver to try to recover from him or her personally your costs.

1) The insurer doesn't have to pay anything more than their policy says they have to pay; if the policy is limited in terms of amount of coverage or what it covers, then no, it might not cover this damage.

2) In any event, even if you feel the insurer is wrong and they should cover it, they are not *your* insurer and do not owe an obligation to you--their obligation is to their insured. Therefore, you can't directly force them to pay, but can only sue their insured (they will then defend and/or pay for him or her, at least up to the policy limits).

3) The shop has no obligation to do the work until and unless they are guaranteed payment.


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