Legal Question in Insurance Law in California

My car was hit while parked in front of my house. It has been 2 weeks and their insurance company says that their waiting on some documents from the driver to come in the mail because she was driving her boyfriends car. I now am without a car and waiting on documents. They also said if she doesnt send the documents with in 60 they wont issue me any payment. What do I do I know this is not right..


Asked on 3/09/11, 10:49 am

2 Answers from Attorneys

Tender your claim to your own insurance company. They will then collect from the other driver and vehicle owner. It's not your problem.

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Answered on 3/09/11, 10:53 am
Thomas Libby Law Offices of Thomas L. Libby

You can turn this in to your own insurance company as a collision claim, if you have collision coverage on your car. You can pursue the driver or owner of the car that struck yours in small claims court. Meanwhile you can remind the insurance company for the responsible person that they have obligations under the California regulations governing insurance company claims handling. Another choice is retaining an attorney to pursue this case on your behalf. The problem there is that unless you have an extremely high value vehicle with major damages, the costs of retaining an attorney will almost certainly exceed the value that attorney is chasing on your behalf. Don't forget when you present your claim that you have a component of your case called "loss of use." This means you are entitled to the value of your car for the time period you were not able to drive it.

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Answered on 3/09/11, 3:57 pm


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