Legal Question in Personal Injury in California
Force Insurance Company to Act
I was rear ended. I did not have insurance. The person who hit me did. All I want is my car to be fixed. The insurance company of the person who struck me laughed at me, said they had no legal liability and that I was ''out of luck''. I contacted an attorney, they are working on my case but the insurance company still refuses to even send an agent to the body shop where the vehicle is located at. How do I get them to fix my car? That's all I want. I'm incurring expenses with a rental. I just want this over and done with.
3 Answers from Attorneys
Re: Force Insurance Company to Act
How much is your total damages? You can hire me and get it done, the other attorney doesn't seem to be doing what it takes.
Re: Force Insurance Company to Act
You sound like a client I'm representing. I've filed a suit, propounded discovery, and will ask for an early trial date. That'll make them pony up the money shortly. Of course, you're incurring rental charges. Can't you get your car fixed, perhaps borrowing money from others, just so you don't have to incur the rental charges any more? You're certainly not "out of luck," only rightly running out of patience!
Re: Force Insurance Company to Act
The California Fair Claims Practices Act requires the insurance company to do certain things in specific time limits. You can read more about it at my blog http://www.calpiblog.com/2005/11/california_fair.html and there is a link to the act. If the insurance company is not doing what they should be doing, you can file a complaint with the Department of Insurance.
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