Legal Question in Personal Injury in California

A woman intentionally hit my car from the back because her EX-husband was in it but is lying about doing so but there is someone that saw the accident and a police report was filied. Her insurance adjuster has already been out to assess the damages done to my vehicle. He said that it appears and looks like my frame is bent but needed it to get towed to a shop for further evaluation. It took 3-4 weeks to reach the other driver and when he did she told him "no, she did not hit me". The adjuster said that the damages done to my car did not match match the damages that showed on her car so, she probably has taken her car to get fixed because she has the finances to do so. They have denied this claim due to her lying. Right is right and wrong is wrong. Just because a person has money they can do whatever and get away with anything...putting me and my children out of our car...no way!!

What can I do to follow up on this so I can get my vehicel repaired or what type of lawyer do I need to look for?


Asked on 9/29/09, 6:38 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I assume that no one was injured in the accident. Probably no attorney, accept for some one retired/working just part-time, will handle the case because they can not make any money on the case. You would have to pay a personal injury attorney on an hourly basis, so you need someone who does not charge much per hour.

If you have auto insurance coverage go to your own carrier to get the repairs and they will then go after the other driver. If, as I suspect, you have no insurance coverage, get a copy of the police report to see if it shows she intentionally hit your vehicle as that might be a felony. Send the adjuster a statement under penalty of perjury from the ex-husband passanger and the witness and yourself, the police report, repair estimates, and any other documents you have showing she is at fault; in the letter point out that you can not afford to repair the car on your own, you wil be entitled to collect the cost of rentling a vehicle from the party at fault, if she intentionally hit your vehicle you could sue her for punitive damages, they have an obligation to try to settle a case within the policy limits and not have their insured face excess damages [even if those damages are not covered by her insurance]. Also point out that if you sue and they have to hire an attorney, that attorney will not be able to tell them if the incident was accidential and perhaps not even if she was involved as that might result in their declining coverage on the basis that it was an intentional act, so basically they will lose control over the case and it will cost them much more then settling now for the cost of repair.

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Answered on 9/30/09, 1:43 am


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