Legal Question in Personal Injury in California
car accident
About 9 months ago I was involved in a car accident. A month after the accident, I received a letter from the other party�s insurance stating that I was at fault. The same day I have tried to contact my adjuster to see why did I received that letter from the other party�s insurance. I was sure that it was not my fault. Unfortunately my adjuster never returned my calls and I was left thinking that it is my fault for the accident.
Recently, I was renewing my insurance policy and my insurance agent told me that I wasn�t at fault. I contacted my insurance and after hundreds of calls I received a phone call from my adjuster saying that she is not able to do anything at this time. Now I am trying to deal with my case on my own. What is my next step? Is it possible that my claim is denied by the other insurance based on a claim that their party is not responsible for this accident as well? Should I ask the other party�s insurance to compensate me for the damages (I can�t reach them as well! The adjuster does not answer my messages), or should I just take the other party to the small claims court? Is there any other legal action that I can take either against the other party, or against their insurance?
3 Answers from Attorneys
Re: car accident
Whew! When you first notified your insurance carrier of the accident, it should have opened a claim file. If your car had damage, it should have assisted you, depending on your policy. It also should have assisted you if the other party claimed it was your fault. I certainly hope you weren't hurt in the accident. If you want to send to me more specifics, feel free to e-mail it directly to me. Then I'll be able to give you more enlightened direction. -Robert F. Cohen, Esq.
Re: car accident
It appears you already have a mess on your hands. Why not call counsel to represent you and sort this out. Was there an accident report. Opposing insurance company statements may be very suspect and your insurance company may be acting in bad faith.
Re: car accident
FIRST, a letter from the other ins. co. is always suspect. They are the enemy--the adversary. They are certainly not objective. Unfortunately, your agent has no clout or credibilty either. He doesn't handle claims and it's the underwriting dept. that determines your risk and premium. Next, your own adjuster is over-worked and under-paid and has too many files. It sounds like he went ahead and settled your case with the other driver which makes you seem at fault.
What can you do? Was there a police report? Were there any passengers or witnesses who could give a statement? You didn't say how the accident happened. What evidence can you gather to show it was the other driver's fault?
As far as your claim against the other carrier, you would have the burden of proof and again, would have to come up with some evidence. If the other company is ignoring you, your only legal rermedy is to sue and if your total claim is $5000.00 or less, then small claims court might be better. You didn't give any info on the impact, property damage, injuries, bills, etc. If your accident happened in 2003, you have two years from the date of loss to settle or file suit.
It may pay to get a free consult with a PI atty. If you are in Orange County, I'll be glad to do that. Sam Eagle 714-963-5123.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
