I need instructions on suing someone for totaling my car. I'm in California and don't even know where to start?
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I need instructions on suing someone for totaling my car. I'm in California and don't even know where to start?
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In June of 2008 I was in a car accident. I won’t get into details regarding the accident, but I will say there were no injuries and that an officer was present when it happened and he states that the other party is at fault. He even gave me his card and number just in case I or the insurance companies needed to contact him. Up until now, I have been waiting for some type of resolution from the insurance companies. The other driver had full coverage, where I only had minimum liability. Simply put, I drove a crappy car as it was, so coughing up a monthly payment for full coverage wasn’t in the bank. Anyhow, in September of 2008, I was informed by the adjustor for my insurance company that the claim was going into arbitration because they weren’t going to accept liability for the accident. What’s more, the other parties’ insurance company also stated (by letter) that they would not be accepting liability for the accident because they claim to have a witness stating that I ran a red light. I know in my mind that that is 100% false. I was in a similar car accident when I was 18, only I was the one who made the unsafe turn, so I learned the rules the hard way and paid the price. When I mentioned this to the office he claimed that she was still at fault because she should have yielded and proceeded when safe to do so. He even gave me the civil code. The officer and I have both tried calling back this adjuster and she is never available and doesn’t return calls. When I did speak to some random representative from her company, she simply said that there is nothing they can do and if I want resolution, I would have to pursue their party personally.
Point being, the insurance companies have done nothing. I have never had to deal with a claim like this before nor this kind of process, but I feel I am getting screwed. It has been nothing but a waiting game and I am sick of it. And so I ask these questions:
-Can I take this to small claims court? Should I get a lawyer?
-Who should I be pursuing? The other driver? Their company? My company?
-How does this process go? What steps do I take?
-What is the maximum amount I can sue for? (I just want her to pay for totaling my $2000 car)
- What information should I gather for evidence? (The officer said I could subpoena him as a witness)
-Is there a time limit to when I can file something or take action?
-If I disagree with the ruling, what can I do then?
I am really not out to get anyone, nor have I sued before, but I feel like I just can’t roll over on this one. I need help from someone who knows the laws, or someone who has gone through this. It was hell carpooling (going opposite ways) with a relative not to mention the extra gas money that cost me, I developed problems with my boss because of transportation issues, and I had to eventually buy another car because mine was totaled (I had to skip paying some bills to get that cash). This is my last resort.
Please, no cynical or rude responses, just helpful & informative ones.
Thanks to all
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entidtil
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My personal opinion is the other insurance company knows that you had only liability and they know that because of that, your company won't do much to help you so they are taking advantage of you. You have waaay too many questions for us to answer here. I suggest that you hire a lawyer. In the future buy collision insurance along with your liability. When you get collision, you are not only buying insurance, you are buying free legal help in the case of an accident. |
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Nathan W
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You would pursue the insurance company, not the other driver. You can try filing a complaint with the state Insurance Commissioner. |
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MSAD
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You said that your adjuster has said that the claim is going into arbitration.
Follow up up with your adjuster and find out when it is going to arb. What is the time frame for that.
Your best bet - may be to let the claim go to arb and see what happens. If the arbitration rules in your favor - you may not need to file a law suit.
If the arbitration rules against you - you can still file in small claims court to try and recover that way. |
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Dis
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Your coverages wont matter if your not at fault. Only the other parties insurance matters, as far as who pays.
Get the police report before anything else. As you will need this. It may cost you a few bucks at the station.
As far as getting a lawyer or going to court. You may have a case but you need a accident attorney. Yet make sure you will have a case where they will get enough money for both of you. So you wont have to come out of pocket. You can consider prepaid lawyer programs as well. Sounds like their cheap insurance playing hard ball. Don't agree to anything without a lawyer unless they are going to cover everything. Ask the lawyer if you can get money for lost hours and such because of travel problems caused by this accident.
Sounds like you need better insurance if this is all they are going to do for you. As this is there job. If it was me I would tell them as much. As I have had low coverage with good service through Mercury.
As for the answer above with no insurance driver. It wont apply as the person had insurance. Your issue is about a insurance that won't pay up.
Good luck |
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lucy
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the fact that you dont have collision coverage on your car does not matter at this point. you have liaiblity coverage to cover if you are found negligent.
in this case, no one has picked up that this claim has gone to arbitration. it only goes to arbitration when 2 companies are involved. your company and the other guys company. if this is going to arbitration, then appearently your company had to get involed since the other party most likely filed against you and stated you were at fault.
also; have several factors for and against you.
for; the officer willing to help and calling the other adjuster.
his belief you were not at fault.
against; the witness; if this person was there and saw the accident, then this witness statement carrys a lot of weight. was this witness not involved? then they have nothing to gain either way. if found this witness knew the other person, in the car, would be bias.
each company has a duty under your insurance contract to protect their insured; if it is a word vs word, each company believes their insured, since obligated under their contract.
also need to note; even though the officer found the other guy at fault, he did not witness the accident. he only came to this theory at the accident scene and by both of your statements given to him.
here is what you need to do.
since this claim is going into arbitration, both companies prepare their evidence and submit. a neutral 3rd party reviews and makes a binding decision that both companies agree to. if found that other guy at fault, the other company will pay you for your damages. but if found you are at fault, your company will owe the other guy. be aware, that when a case goes to arbitration, it can take up to 6 months for a decision.
call your own adjuster and get the facts and their opinion. ask the time frame when a final opinion may be determined. usually get notice of date.
next; call a lawyer; ask friends, family, co-workers if they hired one in past for bankruptcy, divorce etc. they can recommend one that they used. even if lawyer handled bankruptcy, he can recommend someone for you. dont get someone who advertises on tv or plastered all over the phone books, they are useless.
most lawyers will give a free consultation and outline your rights in this case. since there were no injuries, all you can claim is the damages/value of your car. go to edmunds.com or nada.com to determine the value. you state 2k, but may find only worth 1200. even if you win, that is all you can get the value of your car pre-accident. now if the lawyer believes you might have a case, and you pursue, you might get court costs, but doubtfull the cost of your lawyer, but then again, that would be a case where the lawyer would know.
you will need copy of the police report. i suggest taking photos of your car and taking photos of the accident scene. you might be able to get copies of the photos of your car and the others from your insurance company. most take photos of both cars for their files, especially if disputed. also at the accident scene, notice the sequence of the lights. left turn light, does one side go 1st etc.
the lawyer may tell you that until arbitration is decided, cant pursue. or if they go against you, what are your odds of you prevailing? also one other fact most dont know, if that a lot of courts wont accept the police report as evidence, since this is an account after the fact and not witness to the accident. (i am married to a lawyer and he told me this) so even if the officer comes on your behalf, the judge may not allow. that would be a question to ask a lawyer during a consultation.
this maybe a long road ahead.
good luck; hopefully you win. |
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SON_OF_A_MILLIONAIRE@hotmail.com
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Did you have uninsured motorist protection ? |
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