Legal Question in Civil Litigation in California
I was stopped at a light, and was rear-ended. The other driver provided me with his insurance info, as well as I did for him. Later that day, his state farm adjuster calls me to confirm my story, and says, dont worry, our member said he hit you, we will fix your car. I called them back the next day, and the adjuster said they are now waiting for a liability determination because their member is now saying he was hit 1st which caused him to hit me. Of course , he said it was a "hit and Run"..I was there, and there was no "hit and Run"..I called the adjuster again 2 days later and asked, whats going on?..they said, they are waiting for their member to schedule a time one of their investigators will come and look at his truck. Its now been 8 days, and the other driver hasnt scheduled an appt. This is so unfair, this will only give the other driver more time to co-fab his car damage. In the meantime, Im driving an undriveable car, my insurance sent out an appraiser, who appraised my car repair at $4,500.00. I went to a physical therapist that said I have limited left cervical rotation due to muscle spasm, and referred me to an Osteopath MD. How can I get State Farm to move faster on this? I a cancer patient, I had a malignant brain tumor removed in March 2010, and I get Chemo treatment thru UCLA (Im in a clinical trial) and follow-ups and labs weekly..I really need my car fixed.
TY, AJ
3 Answers from Attorneys
You can start with your own insurance company to repair your car and they only should deduct the deductible. Then you will be reimbursed for the deductible as well after liability is determined. As far as liability, you should be very careful about giving any recorded statement to the opposing insurance company without consultation with an attorney. They may deny your claim in its entirety and you may have to file a lawsuit to get any compensation for your damages and pain and suffering. Feel free to call us at 213.388.7070 for a free consultation.
You are free to seek repair of your vehicle and medical treatment payment from your own insurance company. That's how it is done. You then can pursue your claim against the other driver, suing him if necessary [likely]. You should not have any false and unrealistic expectations that he or his insurance are going to speedily 'help' you, or offer you a fair settlement. You will not be ready to even talk about settlement until your medical treatment is completed and you are recovered. In the meantime, say nothing to any rep or investigator of his. If serious about getting the legal help you need in this, and if this is in SoCal, feel free to contact me.
Both the previous attorneys are correct. The other driver's insurance company has no obligation to you. Go through your insurance company and let them chase the other driver. All you need to get out of the other driver is your deductible.
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