Legal Question in Personal Injury in California
Insurance Company not helping after accident
After being involved in a traffic accident (where I can no longer drive my vehicle) my insurance company is making no effort to assist me in claims against the other driver (I do not have collision). No one was injured and the police report didn't place blame - I was driving straight through an intersection and the car that I hit was turning left. His fault for not yielding, but he claims that I had my right blinker on (which I know I did not). He was also driving a company car at the time. My insurance company tells me that it is up to the other persons insurance company and they cannot do anything since I don't have collision. The other insurance company says that they cannot get a hold of the other driver and therefore cannot continue until he is reached my phone or mail (he can ignore their calls and letters till the cows come home). I have been without a car for 3 weeks and am getting very frustrated with the insurance companies.... I do not have the funds to repair the car on my own. What are my options to get this resolved ASAP?
3 Answers from Attorneys
Re: Insurance Company not helping after accident
Your insurance company has no responsibility to you unless the other driver brings a claim against you. To collect for your property damage, you can go to small claims court if it is less than $5,000. If it is more, you probably need to retain an attorney to assist you in filing a complaint in the limited jurisdiction of the Superior Court.
Re: Insurance Company not helping after accident
Your insurance company isn't there to help, only collect premiums. Without your own collision coverage, you must pursue a claim through the other driver's insurance company, and can file suit against the other driver and the company he worked for if you don't get satisfaction. If the issue is car repair, not injury, then get your estimate, present it to the insurance company, and also directly to the other company he worked for. If you have injuries, the same process applies, but you should then get an attorney to help. If interested in the injury claim, contact me.
Re: Insurance Company not helping after accident
Get some estimates for the repairs of your car and what it would cost to rent a car. Then sue the other driver in small claims court. This will get some action.
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