Legal Question in Personal Injury in California

I have been in a car accident in California. I was hit by a car from behind. My car was totaled. Coincidently, the other car and my car are insured by the same insurance company. I submitted Settlement Demand letter 3 month ago for a claim over $40,000. They offered a ridiculously low amount. Questions:

1. Should I contact California Department of Insurance to file a complaint before filing a lawsuit?

2. If I file a lawsuit in the county that accident happened should I suit the other driver and his insurance company jointly or individually for compensatory damages (body injury, lost wages), interest and costs on 2 COUNTS:

� Count I � Negligence of the Defendant (driver of the other car)

� Count II � Breach of Contract by the Defendant (his insurance company)

Thanks


Asked on 8/26/10, 8:26 am

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

1. Contacting the Dept. of Insurance is neither necessary nor desirable as it will have no affect on your case.

2. You should sue the driver and the owner of the car (if they are not the same). You should not be suing the insurance company at all.

3. There is no breach of contract (that would be a separate bad faith claim against the insurance company).

There are many more things you need to know to successfully pursue your claim, and if your injuries were significant, you are much better off being represented by competent counsel. No matter what steps you follow, the other side will simply not take you seriously if you don't have an attorney.

Thanks,

Arkady Itkin

San Francisco / Sacramento Employment and Injury Lawyer

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Answered on 8/31/10, 10:00 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

You should not do anything without first consulting with an attorney.

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 9/01/10, 11:42 am


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