QUESTION
Can the insurance of the driver who hit and ran my car deny my claim?
Asked on Oct 01st, 2014 on DUI/DWI - California
More details to this question:
I was woken up by a police officer at 4 AM telling me that a drunk driver hit and ran my car. The officer then came back and said they found the guy asleep in his car and now he is being prosecuted for the crime. His insurance company is trying to deny my claim. Is this legal?
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, it is legal. Until a court grants you a judgment against the other driver, his insurance carrier is under no obligation to honor your claim.
Answered on Oct 03rd, 2014 at 3:20 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Sure they can deny it. However, you can sue the driver civilly and then his insurance will have to defend the case. Also, the criminal court will probably seek restitution on your behalf. You need to check with the DA.
Answered on Oct 02nd, 2014 at 4:27 PM