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Thread: His insurance or mine? California

  1. #1
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    Default His insurance or mine? California

    Adult daughter was sideswiped, resulting in moderate property damage to her car; no injuries; no police. Probably about $3-4k on a car worth about $5k. Both parties are insured (liability & collision) and the other guy stopped, was cooperative, and admitted fault. He contacted his insurance and they accepted responsibility. (This seemed to happen really quickly, before they even took a statement from daughter or examined either vehicle.) Her insurance also contacted her immediately, before she called them. But they, too, say the other guy accepted responsibility.

    Question both insurers are asking is "how does she want to proceed?" Thru her collision or his liability? According to her insurer, since other guy is at fault, she has no deductible. I'd probably be inclined to leave her collision out of it and just proceed against the other guy's liability, thinking that I might have more flexibility in choosing the repair shop and parts (OEM vs. aftermarket). I'm sure her collision coverage specifies like kind and quality parts, which would seem to include 10 year-old used crash parts (since it's a 10 year old car).

    Then there's the issue of potential total loss, since the repair costs are approaching the Blue Book value of the car. I'm not sure what happens in that case.

    Suggestions on how to proceed?

    Thanks

  2. #2
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    This isn't really a legal question but more what would be best to do in your daughter's situation.

    It would really be her decision but I would be inclined to proceed against the other party's liability coverage.

    If the car is considered "totaled", they will pay her the market value of the car in cash to apply toward another vehicle.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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  3. #3
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    Quote Originally Posted by Betty3 View Post
    This isn't really a legal question but more what would be best to do in your daughter's situation.

    It would really be her decision but I would be inclined to proceed against the other party's liability coverage.

    If the car is considered "totaled", they will pay her the market value of the car in cash to apply toward another vehicle.
    It's only legal in the context of what the recovery limitations are between liability & collision coverages in the event of a dispute. It seems like there are potentially greater limitations in collision coverage.

    In the event the car is "totaled", does she have the option of keeping the car? I'm sure there's some salvage value, but don't know how to determine that. Would the salvage value be deducted from the settlement? It's still safely driveable, but all the safety-related systems work (mirrors, lights, glass), but new doors, fenders, etc. adds up. What would be involved insuring such a car? I think collision & comprehensive coverage would no longer be available, right.

  4. #4
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    I think most/some of this would be best for your daughter to talk over with her ins. agt. The agt. should know how to answer those questions. However, someone here may come along with some additional information for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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