Legal Question in Personal Injury in California

i was involved in a 3 car accident. one of the cars hit me so i am an innocent bystander. the insurance company of the one that hit me is taking responsibility but the other insurance company will not settle with the amount offered. THe party that hit me only has liability so the insurance company has a max amount. I won't get my portion until the other party settles; the difficult insurance company will not return my calls. what can i do before filing a small claims? who do I file against, the people or insurance compnaies?

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Asked on 12/29/09, 3:23 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You would sue for property damage, personal injury (medical bills) and pain and suffering. You may only sue the individuals who were driving, who owned the vehicle(s) and/or who entrusted the vehicle(s) to the driver(s). Once you obtain a judgment, you then would present it to the insurance carrier(s) for payment.

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Answered on 1/03/10, 3:57 am
Melvin C. Belli The Belli Law Firm

The short answer is that there is nothing you can do except file your lawsuit. You need to sue the owner and driver but cannot sue their insurance company. The problem you are having is that there are potential multiple claims that may exceed the coverage for their insured and they have a duty to their insured to settle within the coverage available if possible. Insurance companies like to give people the run around and that is why attorneys such as myself are in business, if they would just be fair they could put us out of work

So stop wasting your time in dealing with them go ahead and file your lawsuit as that is all insurance companies usually respond to.

Hope this helps and good luck in the new year.

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Answered on 1/03/10, 11:01 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

You should call me for a free consultation on your car accident case if you were injured at 800-816-1529 x1. My law firm handles car accident cases all over the State of California. You can read about these types of on my website at www.thepersonalinjury.com . You may also email me directly at [email protected] .

I look forward to discussing this case with you.

Norman

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Answered on 1/04/10, 7:12 am


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