Legal Question in Insurance Law in California

I have a personal injury claim that I had originally submitted to the City of Novato, which was promptly denied, stating that the homeowner was responsible. The City of Novato then forwarded a copy of my claim to the homeowners telling them to submit the claim to their homeowner�s insurance carrier. Then the neighbors starting whining and complaining to me about the claim and at the time a friend of mine had told the neighbors that I might appeal my claim to the City of Novato. Quite honestly, I do not have the financial resources to fight the City of Novato and I feel that the neighbor�s insurance carrier would be the appropriate party to file a claim against the City of Novato if necessary. I really do not want to hire a personal injury lawyer; I would rather work with the insurance carrier to get this claim paid. If the time comes the insurance carrier is handling my claim in an uncooperative manner, then I would hire a lawyer.

What I would really appreciate is the assistance of a legal professional to help or write a letter to the neighbors instructing them to file my claim with their homeowner�s insurance. I am approaching the two-year statute of limitations to get my claim filed. Is this letter something I could pay a lawyer to write for me and if so, the cost for this service? I have all supporting documentation for this claim.


Asked on 9/09/11, 4:12 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Personal injury attorneys usually don't ask for money up front and, instead, take accident cases on a contingency basis -- i.e. they only get paid when they either settle or collect on a judgment.

If you're running up against a personal injury statute of limitation for filing a lawsuit (2 years), you will have to file suit immediately against your neighbors (not the insurance company) and, concurrently, find yourself a good personal injury attorney in your area to represent you. Despite its denial of your claim, the city might have some liability (of course, based upon the facts which are not stated), so it's best to retain an attorney quickly as there are shortened deadlines for suing a government entity.

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Answered on 9/09/11, 5:15 pm


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