Legal Question in Insurance Law in California

Although you don't make it clear, it sounds like you are dealing with the other party's insurance. You cannot sue the other party's insurance company. Under California law they owe you nothing at all. Because it is generally simpler, the at-fault driver's insurance company usually just deals with the repairs, etc., but technically they could tell you to blow off. Their only obligation is to indemnify their insured and/or defend them in a law suit. So if they are not covering anything, your remedy is to sue the other driver. That will trigger a duty to pay or defend. A far simpler path, however, is to make a claim to YOUR insurance company if you have collision coverage. YOUR insurance company is obligated to YOU to make the repairs if you are covered. Once they do, they automatically step into your shoes and will deal with the other insurance carrier and/or sue the other driver for reimbursement. If you don't have collision coverage, and/or loss of use coverage under your policy, however, your only right is to sue the other driver.

The reason why you and your husband are getting pushed around is due to your lack of legal representation. You should take control of the situation by hiring a lawyer or at least talking to one to get your options explained.

These types of consultations are almost always free, so take advantage of it.

Lastly, you are free to take your car to the body shop of your choice, not insurance company's.