Legal Question in Personal Injury in California
I hit a car while on my bike and now insurance collection agency wants me to pay but it was not intentional and i don't understand why I have to pay because if it were a tree that would've fallen down, the insurace would've covered it without charging the tree and now they are threating me about going to court and i'm a scared that the bill will increase or I don't know what will happen in court, any opinions?
2 Answers from Attorneys
If the accident was your fault, then you were negligent. Insurance companies try to collect from people who damage their insured's property. Obviously they do not su non-humans such as trees, but someone owns the tree and can be used or sue if it is damaged or damages someone's else property.
Call the insurance adjuster, tell them you have no money and are willing to submit income tax documents to prove that, and then work out a monthly payment schedule.
Many people think insurance companies absorb the cost whenever they pay a claim. That's not true. If the loss is someone else's fault, the insurance company can sue him or her to recover what it paid out. That's what is happening to you.
As Mr. Shers says, you can try to negotiate with the insurance company. They're usually willing to compromise in situations like this.
Good luck.