QUESTION

How long does the driver legally have to provide a statement once an auto accident claim is open?

Asked on Jul 04th, 2015 on Personal Injury - California
More details to this question:
While driving in the fast lane (lane 1), a gentleman in the lane to my right (lane2) attempted to change into my lane and clipped the front end of my car with the rear of his car. His car stuck to mine for a few seconds as we slid into the median of the freeway. From a third person point of view, it would have looked very similar to a pit maneuver that the police use. But instead of my car applying the misdirectional force and bumping into him, he applied the force and spun himself out in front of my car. Half way through his spin, he was stuck to the front of my car until I was slowed down and eventually stopped by the sand of the median. His car went a few more hundred feet until also getting stick in the sand. Witnesses have the same story as I do. He said at that time that I slammed into him. Skid marks on the road prove otherwise as well. I'm assuming I was in his blind spot as he attempted to change lanes into mine. An issue has arisen with the claim process. Both companies have recorded statements from me, Both have sent out an agents to take pictures, and both have estimates to repair damage to my car. I have completed everything needed to be done from the driver’s part of it. It's been a little over 6 weeks now and the other insurance company says they have had no contact with the driver since the accident. They claim he has a lawyer but when talking to his claim representative, she said she has no info from him or any contact. How is this possible? How long can he legally be in hiding? A few days after the accident, he called my cell number (obtained I'm assuming from the chp's collision report reference card) asking for my insurance companies phone number. Since then, there was no contact. All I have is a liability insurance. My company has denied liability for the incident and says their job is done. My car is unusable as it sits as I'm missing work by the day due to lack of transportation. What do I do?
Report Abuse

2 ANSWERS

Edwin K. Niles
If you were injured, see an injury lawyer. If not, sue the O.D. in Small Claims Court.
Answered on Jul 10th, 2015 at 2:36 AM

Report Abuse
Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
Update Your Profile
Most of your questions aren't necessary to address. If you have no-fault coverage (e.g., collision or comprehensive) for your loss, collect against your carrier. Otherwise, you have to sue the other motorist and, if you win, the other motorist or his/her insurer will pay. If that motorist is from outside California, you can serve him/her through the Secretary of State; if in California you can probably locate the motorist and serve him/her directly or through substituted service. Since the carrier acts like the motorist's attorney I would serve it as the motorist's agent for service of process. If this isn't Small Claims material, get yourself an attorney.
Answered on Jul 09th, 2015 at 2:26 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters