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i was in a car accident 2 months ago.

i was in a car...

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.

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Answered in 34 minutes by:
12/6/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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

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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
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Customer reply replied 5 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.

What county are you in?
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Customer reply replied 5 years ago

im in the united states. fresno california

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
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer reply replied 5 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?

Both. You want to sue the driver for negligence and the father for negligent entrustment.
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TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
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