QUESTION
What can I do to process my claim faster, if the insurance company cannot locate the other driver who rear-ended me?
Asked on Feb 28th, 2017 on Personal Injury - California
More details to this question:
Over five weeks ago I was rear-ended by a driver who was not paying attention. The impact pushed me into the car in front of me. A police report was completed that showed driver number 1 to be 100% at fault. I have been fighting with his insurance company to get them to make any progress on my claim. They said that they have not been able to reach driver number 3 (the woman in the car in front of me) and that her insurance information is not accurate. It has been over five weeks that they have not been able to reach her, and it is pretty obvious at this point that she probably didn't have insurance and doesn't want to talk to them. But why are they using this as an excuse not to settle my claim? Can they simply hold out forever saying that they can't contact the woman I ran into?
3 ANSWERS
Edwin K. Niles
The insurance co. is not your friend, despite the message that they send in their TV ads. If you were injured, PLEASE see an injury lawyer; you'll do better. If not injured, that may be part of reason for the delay. The co's exposure is finite, i.e., the amount of damage to the car. The longer they hold on to your money, the longer they keep it invested. If no injuries, you can consider filing a small claims case against the offending driver/owner.
Answered on May 20th, 2017 at 7:44 AM
There is no legal requirement that a defendant or insurance company must settle a case, even to prevent it from going to court trial. If your car in not drive-able without being repaired, point out to them that owe you for the reasonable cost of a rental vehicle until your's is fixed, and it is not limited to the daily rate and time limit they have to pay their own insurance. Point out that the police report finds their insured entirely at fault and it is clear the driver of the car in front of you has absolutely no fault [they were not backing up, or i assume coming to an unnecessary, sudden stop], so there is absolutely no need to speak to the other driver, who probably does not know anything about the accident beyond they were rearended. If they will not immediately start the settlement process [and your damages do not exceed $10,000], you will just file suit in Small Claims Court which will upset their insured.
Answered on May 19th, 2017 at 8:31 AM
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File a lawsuit against the response party for your damages.
Answered on May 18th, 2017 at 9:58 AM