Legal Question in Personal Injury in California
Recently, my legally parked vehicle was struck from behind by another vehicle. Both vehicles have current insurance policies. The local police department were called and ascertained that no injuries resulted. Therefore, no police report was written. I provided my statement to the other parties insurance company and the other party provided his statement. His insurance company determined that their insured was not liable, but refuses to release his statement to me or my insurance company. Can they do this?
How can I 'defend' myself if I can't see the 'charges' against me?
4 Answers from Attorneys
Unless you had an agreement that there would be an exchange of statements, yes they can refuse to turn over documents. If your insurance company paid the property damages to the other driver, they will try to collect from the other driver's insurance company and you can ride their coattails perhaps. Ask his insurance company for copies of the statements, send a copy to the attorney who will be handling it.
You don't need to get worked up about what really is just insurance companies playing games with each other over who covers the loss. If you are insured and the other guy is insured, let the insurance companies duke it out. If anyone ever has to prove or defend "charges" your insurance company will provide you a lawyer and deal with it.
If you have a collision coverage, tell your insurance co to fix your car under your collision coverage. After they do that, have them demand an inter-insurance arbitration in order to recover your deductible.
If you do not have collision coverage, sue the other driver.
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