Legal Question in Personal Injury in California
Boyfriend in car accident - no car insurance
My boyfriend who was licensed, although not insured was hit by another vehicle. His truck was totaled and the police said it was the other driver's fault (the other driver failed to yield at an intersection). The other persons insurance company failed to return my boyfriends calls for months and then he recently received a letter stating that they were going ''to recover damages for the loss'' from him. He immediatly called the insurance company to find out that the woman that was handling the case had concluded it was his fault and it had ''switched hands''. So, I have two questions.
1.) What happens now? What does he have to do now to get compensation?
2.) Did the insurance company handle this case legally?
3.) Would you advise a lawyer?
Thank you very much for your time!
3 Answers from Attorneys
Re: Boyfriend in car accident - no car insurance
you are about to be sued, get a local and experienced lawyer to try to prevent that from happening.
Re: Boyfriend in car accident - no car insurance
What happens now is your boyfriend must either settle the company's claim against him, or prepare to contest it when they sue him, if they ever do. What they appear to have done is to raise the stakes, if he decides to sue them. If he truly believes he was in the right, and although he could not recover personal injuries, just property damages, he should pursue his claim against the company. They have not behaved in a very honorable manner toward him.
Re: Boyfriend in car accident - no car insurance
Thank you for your inquiry, and I am sorry to hear about your boyfriend's situation. To answer your questions directly:
1. As to what happens now -- The insurance company may demand that he make payment, and will send him a bill, or may sue your boyfriend in court for damages. It is obvious to me from what you've stated that liability will be an issue. To get compensation, your boyfriend must file a lawsuit within the statute of limitations. Because he was not insured, his recovery will be limited by law.
2. It is legal for the insurance company to delay, deny coverage, and otherwise treat you badly (within reason). Unfortunately, this is par for the course for most insurance companies. You do have the right to complain to the state insurance commissioner, but the only other thing you can do to obtain recovery is to file a lawsuit.
3. You may find it difficult to get a lawyer if your boyfriend was not insured, because as mentioned, the damages may be limited. However, I would recommend getting a lawyer, if only for the simple fact that you are not getting anywhere with the insurance company directly.
I'd be happy to discuss this with you more if you want to email me directly at [email protected]. Thanks.
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