Legal Question in Personal Injury in California
Getting an Insurance Claim Settled after an Accident
My mother got rear ended on the freeway last June but did not file a police report. She exchanged info w/ the other party and we have since then contacted the other party's insurance company. However, the adjuster there is having trouble contacting the other party. She has made phone calls and sent letters but they won't respond. She says that unless they do, we won't get compensated for the damage done to our car because there is no proof that one of her clients did it. What should I do? It seems too easy for someone to get in an accident and simply refuse to contact his or her own insurance company and thus prevent any claims from being settled. Whose responsibility is it to get a hold of the other party? What steps should I take and how long do I have? Thank you.
5 Answers from Attorneys
Re: Getting an Insurance Claim Settled after an Accident
You should protect yourself from the running of the Statute of Limitations, that is, you must file an action within one year to be able to pursue your claim in the courts. Thereafter, you must serve the defendant and if you can't find him/her you can get a declaration of due diligence from an attorney service (process server) then serving the Summons and Complaint by publication. That will give you jurisdiction over the defendant, however, it will not give you access to his insurance coverage. They will then claim that they did not receive the cooperation of the defendant to which they are entitled and will reserve coverage. You will, however, receive a default judgment against the insured. Who someday, may be collectible.
Re: Getting an Insurance Claim Settled after an Accident
I would suggest either or both having an investigator contact the adverse driver or sueing and serving the adverse driver.
Joel Selik
www.seliklaw.com
800-894-2889
Re: Getting an Insurance Claim Settled after an Accident
Demand they fix you car. If they won't, file a small claims action for the damages [up to $5000, or a superior court action if over that] and serve the person. Then settle or go to court, your choice.
Re: Getting an Insurance Claim Settled after an Accident
Thank you for your posting.
If you can't settle anything with the insurance company, you have to file a lawsuit to determine their insured's damages and liability. A lawsuit is the only leverage you have, and many insurance companies drag their heels until they see that you either have an attorney or are serious about filing a case against them, forcing them to put up legal fees to defend and/or settle.
I hope this information helps, but if you do have any other questions, want more information regarding any part of my answer, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.
Re: Getting an Insurance Claim Settled after an Accident
The only way to get any action is to sue the other driver. You should have an atttorney.
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.
