How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

i was in a car accident 2 months ago.

Customer Question

i was in a car accident 2 months ago. unfortunately i had just switched my auto insurance to just cover liability. my insurance didn't really put much effort into the whole case and they both kept giving me the run around. finallly the investigation was over. the other partys insurance had got my car appraised and said it would be over 3000 dollars on just damages caused to the outside of my car, my insurance was negligent and didnt give me any advice on what do to regarding my car being in the tow yard. the tow place finally sent me a notice of the rates getting higher each day that passes. i decided to take my car out untill the investigations that were going on closed. the other partys insurance couldnt get ahold of the driver , so they say. this is why it took forever. finally after 2 months they figure out that there is not no police report and now only want to cover 1916.00.. 1497 alone came out of my pocket to get my car out. what can i do? the other party was not cooaperating, started saying that i was texting or on the phone . i dont know how to text. i was not on the phone... i am asking this question for my mother. she does not speak english.

Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question. I'm sorry to hear about your situation.

Because you lowered your insurance so that it only covers liability, your insurance company is not responsible at all for any damage to your car and is not responsible in helping you in this situation. They are only responsible for helping you with claims for payment from the other driver when you damage or injure them and you are at fault.

That being said, if the other driver was at fault for the wreck, then they are responsible for all your damages. This includes the storage fees for while your car was at the tow yard if the car was in a condition where it could not be moved.\

The first thing you need to do reject the offer to settle. Tell the insurance adjuster that they are not providing you enough money and that you will not accept it unless they also cover the storage amount.

The next thing you need to do is have a mechanic look at the car and give you an estimate on how much it will be to repair the car. You can then send this to the insurance company along with the bill for the tow yard and demand payment.

If they do not pay, then you have to sue the driver. You can sue for up to $7500 in California small claims courts. All you will have to do after filing suit is go to court and provide testimony to show that the other driver is at fault.

When you sue, provide a copy of the lawsuit to the other driver's insurance. That may cause them to increase their settlement offer to provide you with enough money so that you will drop the suit.

Please let me know if you have any other questions.

-ZDN

Expert:  TexLaw replied 2 years ago.
Hi,

I'm following up with you regarding this question. I see that you have not accepted my answer by rating my service with a positive score. If you don't do this, then I don't get paid by the website for my work . Help me be able to keep providing this type of service to you and other customers by taking a few moments and providing me a positive rating.

I really appreciate it.
ZDN
Customer: replied 2 years ago.

sorry for the late reply, how would i go about filling a claim. do i get a lawer or just go down town to the court house. im sorry ive just never been put in this situation.

Expert:  TexLaw replied 2 years ago.
What county are you in?
Customer: replied 2 years ago.

im in the united states. fresno california

Expert:  TexLaw replied 2 years ago.
The claim would be filed in the Fresno Small Claims Court - contact information available at:
http://www.fresno.courts.ca.gov/small_claims/

Go to the court at the address located on the above-referenced website to pick up the form to fill out to file your claim. Only do this after you have an estimate from a mechanic about the cost of repairs to your vehicle. You will claim the total for the repairs plus the tow yard fees and this is the amount you will sue for.

Depending on what the total amount is, your filing fees for the small claims case will be between $30 and $75. When you file the claim, the clerk will tell you how much it is. There is an additional $10.00 fee to pay for the "service" by certified mail to the Defendant. You will need to know the Defendant's full name and address. Service means that the court sends the lawsuit to the Defendant so they can answer and come to court.

After you complete these steps, the court will set a hearing date. At the hearing you simply need to be prepared to show that the accident was the Defendant's fault and then show the tow yard bill, the proof that you paid it, and the expected costs of repair. To stay in the small claims court, the total amount you are seeking cannot be more than $7,500.00. You do not need to get an attorney for this.

Please let me know if you have any other questions on this subject.

Good Luck,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 12 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

thank you soo much. one more question. should i take to court the person who was in the crash driving the car or the owner of the car which was her father. who is paying the insurance?

Expert:  TexLaw replied 2 years ago.
Both. You want to sue the driver for negligence and the father for negligent entrustment.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs