Asked about 3 years ago - Sacramento, CA
FlagI was hit by unlicensed driver who HAS insurance, but the police report finds neither party more at fault, my insurance it saying 50/50 liability since the report finds both partied equally liable, but I don't agree and that I need to pay my deductible. Anything I can about it? maybe call CA insurance commissioner? i don't know but I'm frustrated...
If you are injured you should consult with a Sacramento personal injury lawyer. There are many listed here in AVVO. With regard to your deductible, you can sue the other party in small claims court. The CA Insurance Commissioner is not likely to become involved in your matter.
The preceding is not intended as legal advice and does not create an attorney client relationship.
You should have a local personal injury attorney take a look at the accident report. Remember that the police are not generally concerned about a potential civil case - they are looking at whether there were any criminal actions or moving violations. Just because the police report describes the events a certain way, does not mean that is how it happened. Find out if there were any witnesses to the accident, and what they have to say. You may also be able to bring a small claims action in a case like this.
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