The other party is denying coverage and a rental while my car is fixed, I have a police report stating it’s their clients fault, what can I do?

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The other party is denying coverage and a rental while my car is fixed, I have a police report stating it’s their clients fault, what can I do?

I have the police report, I tried
getting the car rental thru them but
they have denied it saying that they
can’t provide coverage or at least car
rental, I think it’s only fair since I
believe it’s her clients fault.

Asked on May 17, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are the *other* driver's insurance--they do not owe any duty or obligation to you. Their obligation is to their insured: they have to defend him in court and/or pay any amounts for him that a court has ordered him to pay (at least up to his policy limits). If there is no court judgment against him, they do not have to pay anything--they may voluntarily choose to offer something to settle the case, but it *is* voluntary and they can decide what they do and do not want to offer. 
If they are not offering you what you feel is appropriate--whether in terms of money for repairs, or for a car rental--you have the right to turn down any offers they have made, sue their driver, and attempt to prove in court both the driver's fault and the amount of money they have cost you; if you can do that, the court may order them to pay.


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