Legal Question in Personal Injury in California

Hi,
Sme car rear ended me. that guy had farmers one way coverage insurance. farmers interviewed me over the phone 3 times. Then i went to personal interview. Then i had another interview and was approved for certain amount to cover damage. Then farmers promised pay for rental car, when i went to rental car, farmers changed their mind. so i didn't rent the car and there fore could not give my car for repair. Mechanic said it's not save to drive that car, but i don't have a choice. farmers insurance tortured me over three weeks then told me to contact my insurance even though accident was not my fault. I'm too tired and upset dealing with them. Need a lawyer

Asked on 7/09/10, 4:41 pm

3 Answers from Attorneys

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You don't need a lawyer, you need to contact your insurance company. The accident is in the DMV database, so any effect it will have on your insurance rates is already happening. So you may as well make your insurance company earn their premiums. If neither insurance company will pay for the rental, then rent it yourself and sue the other driver in small claims court for it. His/her liability is not limited to what his/her insurance will pay. Take what Farmers will pay, take what your ins co will pay, and small claims for the rest.

Answered on 7/09/10, 7:52 pm

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George Shers Law Offices of Georges H. Shers

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When Farmers pays you anything, they will make you sign a general release as to the entire accident, which means you waive getting anything more from them or their insured. Nor can you split the cause of actions into two separate groups of property damage and lose of use.

Call up Farmers and tel them you have had communications with a lawyer; it was pointed out that the longer they fail to pay for the rental the longer it will take to repair your vehicle and the more they will have to pay for lose of use, which is based upon a rental of a similar vehicle to yours for a reasonable period of time that it takes to repair your vehicle and not the flat rate they pay their insured for a rental vehicle. Point out that they have interviewed you four times, liability is clear, they are putting their insured into a position that you will have no choice but to sue him so they are in violation of the legal requirement to show good faith to their own insured in handling claims against him, you will report it to the State insurance Commissioner. Give them 5 working days to make the rental payments and those needed in the future to provide enough time to get the car fixed, and that they have to pay the full amount needed to fix it.

If that does not work and you have property damage coverage on your vehicle so that your insurance company will pay the damages, make a claim with them. They can not raise your rates until the evidence shows you were more than 50% at fault for the accident.

Answered on 7/09/10, 8:47 pm

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