Legal Question in Personal Injury in California

Hello

My car was totaled in July of 2010 and the guilty party's insurance company awarded me $1600 for damages. The total amount for damages was split between 4 affected parties whose vehicles were also damaged and mine came to $1600. I signed and sent back the insurance company's letter of award approval in December, but every 3 weeks I have been getting notes from the ins. co saying that they are still waiting signatures from the other involved parties in order to issue the award amount.

I believe my award issuance has nothing to do with the others whether they sign or not.

Questions: How long can the insurance co keep postponing awarding me the $1600 I signed for?

Is there a way to pressure them to pay me now? Is there a legal time frame that they have to follow? What happens if one of the other parties would not sign because they want to pursue legal claims?


Asked on 3/20/11, 7:07 pm

2 Answers from Attorneys
Steven Kuhn Steven Kuhn

There is probably limited insurance available to cover the loss. The insurance company wants to protect their insured by making sure everyone signs off on the offers. You can go to Small Claims court against the negligent third party and get a judgment for the full amount of your damages. The insurance company may pay you then since you have a judgment you can execute against their insured.

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Answered on 3/20/11, 9:37 pm

Mr. Kuhn is correct. Stop wasting time with the guilty person's insurance company. Either file a claim with your own company for your full amount of damages, and let them chase the other insurance company for reimbursement, or as Mr. Kuhn says, file suit against the guilty party in small claims court. Their insurance company will then have to pay the judgment. If you go either route, though, be sure to send the guilty party's insurance company a letter revoking your agreement to the settlement for failure to promptly pay as agreed.

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Answered on 3/20/11, 11:08 pm


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