Legal Question in Personal Injury in California
I live in California and was involved in a accident where a guy ran a red light and totaled my van while I was making a left turn. I just got the police report where it states the guy was at fault ( there was a witness). I called his insurance company and they told me that there is a liability dispute and that the cops weren't there so the police report does not matter and they refuse the claim. There was a witness and they still didn't care. My question; Is it true? What should I do? I only have liability so my insurance wont help me, they just adviced me to go to small claims, do I have a chance? Thank you, Reyna
4 Answers from Attorneys
Yes. It looks like you will prevail in small claims court if the facts you are describing are confirmed by an independent witness. If you proceed to small claims court, you cannot be represented by an attorney, so you will have to represent yourself. You should subpoena the independent witness to small court. However, before you proceed to court, I would suggest the following: Contact your insurance carrier and request that they take a recorded statement of the independent witness to confirm that you are not liable. The witness information (ie the phone number and address) should be on the traffic collision report. Once the recorded statement is taken and the facts are confirmed by the independent witness, then request a copy of the transcribed statement and the actual recording be sent to you and submit these items the insurance carrier for the adverse party. Usually, insurance carriers are then open to accepting liability. Make sure to send copies of these items and keep one copy of each item for yourself. If they still deny the claim after you have submitted a recorded statement of the witness descring the facts, then can take them to court and make sure the witness shows up to support your case. If you sustained injuries from the accident, please contact our office and we will help you recover compensation for your injuries. We do not charge our clients for property damage recovery when we represent them in connection with a personal injury case. If you have any additional questions, you may contact us at (310) 277-0997 or e-mail us at [email protected].
The other driver's insurance company is not the source to give you any information that would help you with your claim. You should not speak with them, as they will try to obtain information from you to minimize you case. With your van totaled, were you injured and, assuming so, what were you injuries and what are your symptoms?
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I could probably help you, but I do not know your area. I have an office in Sacramento and in Orange County. If your witness suports you, there should not be a problem in obtaining a recovery and geting your vehicle replace, provided there is sufficient insurance coverage on the other vehicle's insurance. JOe Marman, Sacramento (916) 721-3324
I would agree with most of the above advice. I have an office and service the Fontana area, I would appreciate the opportunity to come meet with you personally in your home of place of business.
Charles Rossman, Esq.
(800)746-5873
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