Can I sue an insurance company for a California Accident in April 2011 if I reside in Arizona? I was rear ended by their insured

Asked over 1 year ago - Casa Grande, AZ

I was rear ended totaling the front end of the other driver's vehicle and only bending the trailer hitch receiver on my vehicle . The accident was in Van Nuys , Ca . Her insurance company tells me that I wasn't hit hard , but refuse to provide the photos of their insureds car which had to be towed with extensive front end damage and could not be driven . The insurance company is saying I suffered no damage and did not go to enough doctor appoints . I had no insurance , and paid out of pocket $ 500 the day after the accident . I have had neck and shoulder pain since the accident , and they say the statute of limitations runs out on April 10 of 2013 . I need to do something soon . Can I sue the insurance company for pain and suffering as well as damage to my vehicle in small claims court here in Arizona .

Attorney answers (6)

  1. George Costas Andriotis

    Contributor Level 20

    7

    Lawyers agree

    Answered . You wouldn't sue the insurance company but the driver instead. Hire an attorney ASAP as time is of the essence.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . It is very unlikely that an Arizona court would have jurisdiction over your claim for an accident that occurred in California. The only exception I know of would be if the other driver lived in Arizona. So California law applies and any lawsuit would need to be filed here.

    The statute of limitations for bodily injury is 2 years, so you would have to settle or file before the 2 year anniversary of your accident.

    It's not clear what you mean by "I had no insurance" - if you had no liability insurance, you are not entitled to recover pain and suffering damages, only medical expense and lost income. If you are referring to medical insurance, then there is no effect on your claim.

    Probably the best course would be to either hire an attorney in California or file a small claims action here.

    Good luck.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Retain one of the above California attorneys, and get this filed before time runs out...

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. David B Pittman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your time is running out to make a claim so hire a California attorney ASAP. The is where the accident occurred and if the case goes to trial that will be the venue. Please tail to an attorney now before you time runs out.

  5. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . Go to the "find a lawyer" tab and look for a CA attorney.

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Generally, you are not able to sue the insurance carrier directly.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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