A bundled (bungled) claim

[ArtieCay]

So a lady drove up my driveway and rammed our garage door. Completely mangled it and totaled my car inside. I rent the house and own the car. The 3rd party insurance is saying that this is one claim so the home owner(not me) and I are sharing a claim? These doesnt seem right because this means we have to split whatever the minimum liability is. It is also delaying my auto claim since the home owner is taking his sweet time (long story). What can I do about this? Are there any laws governing cases like this?

 

[BADTROUT]

It's one I've never run across before because usually its people crashing their own garage doors. So they may have used to word claim, they meant to say this is one occurrence meaning there was only one accident, but there happens to be two claimants.

The first thing I would do is involve YOUR insurance carrier. This is fairly obvious that it will be the opposing party's fault and there should be no harm to your standing with your carrier by turning in a claim to them. They will likely fight out the details on who does what with whom and what money needs to go where and to whom.

I am assuming you have physical damage coverage for your vehicle. Your company is contractually obligated to cover your vehicle, regardless of the other party. If you get stuck with a deductible, go after her insurance for that or likely your company will.

Forget the landlord, not your monkey, not your circus.

Lets assume you have liability only and NO physical damage. Unfortunately, that was a risk you take and you are somewhat at the mercy of what her carrier is legally obligated to pay out. They will not pay more than the policy limit, and they are right, it is just one incident. I don't know if there is a specific order of operations to determine who gets paid first and at what percent, but anything you are not indemnified for you may always exercise your right to take her to small claims for the difference.

 

[ArtieCay]

Thanks for the detailed reply. Unfortunately it was only covered under liability since it basically just lived in the garage. I have contacted my insurance and he is working to find who the car belongs to seeing how the person driving it did not own it. She had non owner insurance? Is that a thing? What the 3rd party insurance is saying about our claim is that they cannot move forward until the homeowner submits estimates for the amount of damage. This is even though an adjustor has already been out to see our car. I know they have 40 days where I live, but I was really wanting to have our claims seperated. It's funny it works that way, because what if she hit my parked car then kept on driving and hit a seperate car? Would that be one occurrence as well? It just seems that with two different parties properties being damaged, it should have two separate claims. One update is that I do have uninsured coverage on my car but not underinsured, which screwed us because she only has 5000 in liability.

 

[adjusterjack]

Agree with Badtrout's comments but will clarify this:

I don't know if there is a specific order of operations to determine who gets paid first and at what percent,

The property damage liability limit is pro-rated between the two claimants. That means that the at fault driver's insurance doesn't pay until it quantifies both claims. So, yes, OP will have to wait until the homeowner finds out what his damage will cost to repair.

Here's an example:

Property Damage Liability 5000
Car Damage 5000.
Garage Damage 11000
Total claim 16000
Car Damage is 31% of the total claim.
Garage Damage is 69% of the total claim.
Car Owner gets 31% of the Liability Limit = 1550.
Homeowner gets 69% of the Liability Limit = 3450.

I have contacted my insurance and he is working to find who the car belongs to seeing how the person driving it did not own it. She had non owner insurance? Is that a thing?

Yes, it's a thing. But you would also have a claim against the owner under CA Vehicle Code 17150:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=17150.

What the 3rd party insurance is saying about our claim is that they cannot move forward until the homeowner submits estimates for the amount of damage.

That's exactly right. Keep in mind that the 3rd party insurance company is not your insurance company and it's not going to risk having to pay more than the policy limits if it makes a mistake and pays one claimant before it pays the other. You'll just have to wait.

I know they have 40 days where I live

This is likely one of the exceptions to that rule.

but I was really wanting to have our claims seperated

You don't have that option.

It's funny it works that way, because what if she hit my parked car then kept on driving and hit a seperate car? Would that be one occurrence as well?

That's not what happened so we're not going to talk apples to oranges.

One update is that I do have uninsured coverage on my car

That doesn't help you because that applies to injuries not damage to your car unless you bought the optional Uninsured Motorists Property Damage coverage which costs extra and is limited to $3500. Even if you had that, it wouldn't help since the driver wasn't uninsured.

It just seems that with two different parties properties being damaged, it should have two separate claims.

Well, it's two separate claims but just one occurrence.

 

[ArtieCay]

You guys are awesome and really helped, I greatly appreciate it. Also made me laugh a bit. I get the apples to oranges too; as soon as I posted it I realized my mistake.

 

[adjusterjack]

You're welcome. It's always good to see that our information helps others besides the original poster.