Legal Question in Personal Injury in California
I was in a car accident. The other driver rear ended me, said he didn't notice the red light. I was at a dead stop. He was driving someone else's car. They had insurance but their insured is not responding. Farmers, the other insurance said they can't settle or accept responsibility until they hear the story from their insured. I have a police report. The other driver had been drinking, didn't have a license, was from El Salvador, was arrested. What should I do? This was on 6-13-10.
thank you!
5 Answers from Attorneys
Retain an experienced personal injury attorney right away. Farmers is giving you the runaround. This is a clear liability accident with aggravated liability due to the drinking.
Contact our office or see our website at www.lawkuhn.com. We give free consultations.
I'm not sure why Mr. Kuhn thinks you should contact him in the southern end of Orange County, when you are in the Bay Area. Guess the internet has extended the reach of guys chasing clients. I'm also not sure why he thinks Farmer's giving you the run around is anything he can do anything about. There has been no right to go after the other guy's insurance for failure to adjust a claim in California for about a quarter century. You also don't mention any personal inujury. Unless you have personal injuries, there is no reason for you to spend any money on a lawyer, especially not 1/3 of your recovery like these P.I. guys take. You should have just tendered this to your own insurance company the day of the accident. The reason you are not getting action is that the other insurance companies technically have no duty to anyone unless you make a formal demand on their insureds and/or sue. But your insurance company must settle your claim promptly without any formal action on your part except complying with their claim submission process. They will then go after Farmers and the other carrier for reimbursement and you won't have to worry about it. Though one of the first things your carrier will do is make a demand for subrogation on Farmers and the other carrier, which may result in them just paying you directly. Either way, your insurance company is the free ticket to some action on this matter.
I am not admitted in Cal (just NY and fed) as Mr. McCormick said, your insurance company should be chasing Farmers but they won't if they don't have a an abuser in the fight (yes-animal law atty also-so I cannot say "No dog in the fight"). Always remember, as many people forget, is to know all the names in any auto case-driver, registered owner, insured owner, and title holder. Be up Farmer's butt every other day. As I have PERSONALLY experienced many times before (husband commuted 700 miles a week, the last 20 minutes through NY City traffic so play the oddss there). Under penalty of perjury I can say no accident was ever his fault. Nevertheless, because our deductible is $1,000, the ins companies found a way to toss us to the wolves to handle it ourselves (another reason I went to law school in my 30s. Lawyers are a lot more honest and giving to the community than Wall Streeters (LOL)). One company came to our wonderful body shop, whose $1,400 estimate was cheap, decided the damage was only $987., and said "you are on your own", even after a tree fell on the roof while the car was at the shop awaiting repairs AND after glue went all over the car one day AFTER it as fixed and being driven under guys repairing the Brooklyn Bridge. I was in law school for the last one and if not for being up the butt of the other insurance company, we would still not be paid for the jitney in Chinatown that made an illegal left turn into my car (driving through a green light in front of a police car) in front of five other street police officers!
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 .
I handle these types of cases (although I am in the So Cal area but I also worked for Farmers in claims for about 15 years and know how they operate. You may have to sue the negligent driver and owner but if Farmers denies coverage for any reason then you would have to make an uninsured motorist clim for any injuries you suffered. I hope this helps. Bob