Quote:
Originally Posted by
shellshock 
They were "investigating" the accident for like a month, and now the agency has told my mom that they might not give her back her deductible because "california law" says that there's a maximum of $10k for any one accident and they considered this case one accident; since the other car got totaled there might not be enough money for them to pay her. Is this total bs? My mom's insurance agency is not helping her at all, in fact shes had to deal with the guy's insurance directly and it's been a huge hassle. She just wants her deductible back since it was clearly not her fault.
There is no such California law, they probably meant that the guy had property damage liability limit of $10K in his insurance policy.
If that's the case, and the total property damage between your mom's car and the other damaged car exceeds $10K, the money should be apportioned between the two cars in proportion to the amounts of property damage sustained.
Your mom's insurance co should assist in obtaining the deductible (or "partial" deductible). Note: One month is not that long as far as these things go.