Legal Question in Personal Injury in California
multiple vehicles not enough money
This accident happened almost 3 years ago. Basically, one vehicle hit seven parked cars (mine being one of the parked cars). The person driving had $10K max coverage while causing over $60K in damage. Nobody was in the parked cars at the time of the accident. I have received numerous letters from the driver's insurance company stating that they need more time to do something and then an amount can be offered. Something always pops up which apparently changes the amounts to be offered. Now, I've received a letter stating that on Aug 23, 2003, the Ca Statute of Limitations for Property damage will expire so I must either 1. settle the claim or 2. file a lawsuit against the person responsible for my loss. Is this normal? Why does it take so long for an insurance company to handle something like this? What should I do?
4 Answers from Attorneys
Re: multiple vehicles not enough money
If you have your own collison coverage under your own policy of insurance, you should make a claim under this policy and let your own insurance company try and get back part of or all of your deductible. If you do not want to do this, you need to file a lawsuit before the statute of limitations runs.
Re: multiple vehicles not enough money
The other ins. co. is trying to settle all claims for their $10K policy limit to protect their insured. That's their job and they don't care how long it takes. They need to get all the damages on all the vehicles (cars, rental, towing, etc) so they can apportion the money. Delays are normal with so many vehicles. Definitely file suit to protect your claim if need be. If your case is $5000 or less, consider small claims court.
Re: multiple vehicles not enough money
You must sue or settle quickly before losing your claim to the statute of limitations. Contact me if you would like help doing so.
Re: multiple vehicles not enough money
Thank you for your inquiry.
It's true that if you don't settle before the statute of limitations, you must file a lawsuit. It's difficult to state from the limited information in your question why the insurance company is taking so long, but it may have to do with the lack of insurance coverage, claims with uninsured motorists coverage, or just the number of vehicles and insurance companies, adjusters, etc., involved. If this is not settled in a little over a month, you will have to file a lawsuit or lose your right to compensation forever.
I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I am happy to help in any way that I can.
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