Expert: Anne - 9/20/2009

Question
When drivers of an accident have the same insurance company & both adjusters say their driver is 0% liable, can one driver take the other driver to small claims court to get out-of-pocket expenses for renting same type of high-end car they were driving.  OPE is for amount over the max. amt per day & max. # of days.  If both drivers are not at fault & insurance co. pays for all veh. repairs under "Pysical Damage-Collison," then shouldn't OPE come from "Liability-Property Damage" coverage?

Answer
Hello Rosemary,

Both drivers cannot be 0% at fault. There must be someone that cause the accident. The only accidents that are 0% fault are acts of God (rain, hail, snow, etc) and they are covered under comprehensive coverage.

If someone is liable to you, all your reasonable expenses that arise out of the car accident must be covered by the other insurance company liability coverage.

I hope this helps,

For more about auto claims, please see:

http://www.auto-insurance-claim-advice.com/

Good Luck,
Anne
http://www.quirogalawoffice.com/