Car accident question. Collided with rental car, my ins says I am 100% responsible, they won't cover claim.

Question

Had a collision in a mall parking structure. Honestly don't remember the details, but my air bag went off and the right front of my car has $10K of damage. The other car was a rental with a driver from Germany. Their trunk wouldn't open. I recently (less than 2 weeks ago) switched insurance and haven't had photos taken, so my ins. co won't pay for the damage. My car is a lease and I can't afford to have it fixed. Also, the bodyshop says there might be an alignment problem. My sister says I need a lawyer to get the ins company to help on my behalf. Since it was the front of my car and the back of theirs, doesn't that mean I'm at fault. Could I go after the parking lot for inadequate stop signs or something? I'm in the LosAngeles, CA area. Thanks for any help.

Answer 1

If your policy was in force at the time of the accident, then the insurance company needs to provide coverage. Check your application to confirm that there is no stipulation that collision coverage won't be offered under photos are submitted. Even if it does state this, I highly doubt it's legal... especially in CA. Have they denied your claim in writing? If not, it's not been denied. Also, until they send out a denial or pay your claim, your carrier needs to send you a status letter every 30 days to keep you informed of your claim (not the other persons). If you need to file a complaint as mentioned, put this out if its not been done. The Dept of Ins in CA is one of the toughest in the US. They don't let carriers get away with anything.

Answer 2

If What amount is $10k ?  "k" is a computer measurement and not a valid abbreviation.  Do you mean $10,000.00 ?  That is a whole lot of damage !   If you were insured at the time of the accident, your insurance should cover damages to both cars.....unless, you have some "special" policy that you haven't mentioned to us ?   Were you issued a policy?  Did it state; words to the effect,  that this policy is not valid until pictures/are taken?  If you have a policy and nothin in it mentions pictures, you should be covered

Answer 3

Did you have Liability & Colission coverage at the time of the accident? If so, did you also have proof of insurance, such as a certificate, insurance card or policy. If so, the company is obligated to cover any damages to both the other vehicle & your vehicle. The repair of your vehicle will be subject to a deductable. If there was a disclaimer that stated Colission coverage would not begin untill you provided pictuers of your vehicle, then there would NO coverage for the repair of your vehicle since you stated in your question that you "had not given the insurance company any pictuers yet". The insurance company needs the pictuers to determine if ther was any damage to your vehicle at the time the policy was written.

Answer 4

If you ran into the rear of another car, you are at fault and your insurance is correct when they say they won't cover your damage.  An attorney can't change the fact that you, not the other car, are responsible and that apparently you didn't have the collision coverage you are supposed to have with a leased car.

You have little choice but to pay for damages out of pocket.

Answer 5

It is assumed that if you are following a car, you are obligated to keep enough room between them and your car and be ready for any stops they might make, even in the middle of the road.  You hit them.

This is one reason why it is good to buy insurance from a human agent.  The agent is the one who will negotiate between you and the company.  At least that's what my agent does.  

The rental car may have insurance on it if the couple bought the insurance or if they paid with a credit card that supplies insurance, but if you hit them, you pay.  

You can try to sue the parking lot, but I don't see how not having a stop sign would have any bearing on your hitting their car.  

Maybe another answerer will have a better answer.

Answer 6

it sounds like in order for your policy to take effect you had to get a  preinspection on your car.. which you failed to do.

My guess is in your contract.. in which you signed.. it states that your policy is not in effect until you do so.  Therefore- what on earth is a lawyer going to do? they cant magically change that.

Now- since you were at fault (come on "inadequate stop signs?!" are you serious?) you will now owe your damages as well as the other cars damages out of pocket. If your lucky they may set up a payment plan.  Please try to explain to me how your not at fault here?  You hit the rear of another vehicle.. what on earth does a stop sign have to do with it?  You have to maintain proper distance from the car in front of you so that you can stop when they stop...

Answer 7

You need to go here:  http://www.insurance.ca.gov/

File a complaint with the California Insurance Commissioner.  Bottom right hand corner "Consumer"  Then "File a Complaint".

If you have paid for liability and collision insurance, the insurance has no option, even if its your fault, but to pay off the claim and fix your car.

Hopefully you have a cancelled check to prove that they cashed it and you have the correct coverage.

Answer 8

i would read my insurance contract first.  for some reason, they wanted documentation on the condition of the car.

anything about effectivity such as photos first then coverage?

is the rental company coming after you or the other guy's insurance?

reading the contract may save you a few dollars in lawyer fees.

sue the mall, for what?  you can't remember the details