Legal Question in Insurance Law in California

Uninsured motorist to collect from my insurance

I was in an accident with an uninsured driver in an unregistered car. The police were called but wouldn't come out since there were no injuries and the cars could be moved, but there was a policeman near by and stopped and only gave us a 'Traffic Collision information exchange' form, then let her drive off in her uninsured/unregistered car. My car sustained more damage than hers, but not enough to have to report it to DMV. I only have PLPD so my husband replaced the door, it only cost $86.00. I then received a call from my insurance company, because this girl filed a claimed. The adjuster was very rude and told me that she was investigating this accident and she would ask the questions. I then received notification that they had found me 100% at fault and could notify them in writing within 30 days if I don't agree. I intend to do that but unsure how. I would also like to turn the girl into DMV and the cop for letting her drive away. I'm totally confused by this mess. Please Help!!

Thank you

M


Asked on 3/04/04, 5:21 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Uninsured motorist to collect from my insurance

I noticed that you don't deny being at fault -- you just seem indignant that the adjuster says you were. Given that the adjuster is from your own insurance company, she has no incentive to falsely accuse you. Sounds to me like you were at fault and know it.

An uninsured driver is entitled to recover for damages caused by an insured driver, though she can't recover for pain and suffering. The fact that she was uninsured isn't a get-out-of-paying-free card for whoever happens to hit her.

I agree that the cop should have cited her for driving without a license, but your desire to turn him in for not doing so sounds like you are just lashing out instead of facing up to your own responsibility. Besides, even if he had arrested the other driver the insurance adjuster would still have determined that you were at fault.

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Answered on 3/04/04, 8:05 pm


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