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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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can i request an inquest or reconsideration a year later if

Resolved Question:

can i request an inquest or reconsideration a year later if the insurance company didn't send an adjuster to view the scene of the accident, look at the car damages or interview me in person
Submitted: 3 years ago.
Category: Legal
Expert:  LADYLAWYER replied 3 years ago.

Hello,


Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

 

What are you trying to request a reconsideration about?

Customer: replied 3 years ago.
My previous insurance company awarded the driver who broadsided me under CA vehicle code 21802a without sending an adjuster to view the cars or scene. I originally petitioned for reconsideration under vehicle code 21802b as I was in the middle of the second lane of a two way street about to exit the intersection when the oncoming driver hit me. My insurance "adjuster" simply said that regardless if I was already in the intersection when the other car hit me he had the right of way simply because he didn't have a stop sign. I still believe I was in the right having followed all the rules...stop at stop sign, check for clear intersection, then proceded. It not like I could just get out of the way when a car is about to hit you broadside.
Expert:  LADYLAWYER replied 3 years ago.

Hi,

 

Thank you. The insurance company has a legal right to make a decision about what claims they are going to pay out, even over the objection of the insured. Since I have practiced insurance defense, it is odd to me to hear about an insurance company paying out a claim with little to no investigation--they are usually trying NOT to pay claims--but it is still within their legal rights just the same. Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.

Customer: replied 3 years ago.

I actually just found out from my new insurance company that the other party had been awarded the claim. My old company never informed me. That's why I was inquiring as to a reconsideration.

Expert:  LADYLAWYER replied 3 years ago.

Hi,

 

Thank you, XXXXX XXXXX Either way though, they are still entitled under the law to award the other party damages if they so choose. If you dig out your contract with them and read all the really fine print, you are going to find that in there. Again, I am not understanding why they paid out this claim so easily and I am sure it is very frustrating for you when you know you're not at fault. Now, if your insurance amount has changed based on their "investigation" then you can ask for a reduction and if not given to you, you can file for a declaratory judgment and have the court revisit the decision to increase your insurance. I am happy to keep helping you for as long as you need it, so just let me know. Please don't leave before accepting my answer as that is the only way I can receive any credit for my time spent with you. You will be charged nothing further for accepting my answer. Thanks.



Edited by LADYLAWYER on 10/1/2010 at 2:36 AM EST
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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