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How do I get full total loss amount for my car, I was not at fault and they are saying I'm 25% liable?

Monterey Park, CA |

Infinity insurance is attributing 25% liability to me for being "inattentive" and for talking on my cell phone. I was not talking on my cell phone and it was a semi-rear end accident (how can I be attentive if it's behind me?) They are saying I am 25% comparative because their driver said I was talking on my cell phone (which I wasn't). The driver lost control of their car and turn into the driver-side rear of my car and made me spin out too. The adjuster isn't very nice and won't budge at all on the total loss. They are taking 1/4 out of the total property damage settlement (around $3k). What can I do? does CA Department of Insurance deal with these issues? I feel so helpless against this insurance and I just want my same car back... I had just paid it off :-(

Attorney Answers 8

Posted

If you were injured and have a personal injury attorney representing you, ask them to assist you with the property damage portion of the case. Most firms will help you out if you ask them. It's always difficult to deal directly with insurance companies if you are not represented by an attorney. You can always take them to small claims court if necessary.

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Posted

The Department of Insurance is more concerned when your own insurance company treats you wrong. The other driver's insurance is acting very aggressively on its insured's behalf. They can be a real pain for sure. If no injuries, and the damage is around $3,000, I would sue their insured in small claims court.

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Posted

Ive seen this many times. Hire an attorney and they'll change their stance!

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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10 lawyers agree

Posted

At this point, hiring a motor vehicle accident attorney is your best option. It sounds as if the opposing party is playing the "he said/she said" game and without proper evidence, there is no way to prove anything. I have over 20 years of experience handling car accident cases here in California and the simple fact of the matter is that in most cases, rear-end accidents are the fault of the car running into the front car. Many attorneys offer free consultations to review cases and inform accident victims of their legal standing. Best of luck.

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Posted

Infinity Insurance has become notorious for this type of behavior. My suggestion, if you were injuries, hire a personal injury attorney and let them deal with Infinity. Below is a link to a free book you may find useful in dealing with insurance companies.

None of the information found in my answer should be used as legal advice, a substitute for an attorneys evaluation or other type of advice. I do not know all the facts of your case and there are many factors involved when evaluating accident cases. You should meet with an attorney who can properly go over all the details of your accident.

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10 lawyers agree

Posted

Insurance companies will try to get away with anything they can. What can you do? Sue them in small claims.

Claims adjustors think they understand the law and liability but they're not attorneys. I once had a case where they attempted to assign liability to my client for a rear end accident where an object fell off a car, my client stopped to avoid hitting the object and the person behind him wasn't paying attention and rear ended my client.

Insurance company said my client should have run over the property. I almost died laughter and bluntly told her to get an actually ATTORNEY on the phone because if they were going with this "theory of liability" that this was about to get really expensive for them. You see, my client had a duty to avoid hitting that property if it was avoidable... obviously it was avoidable.

Insurance companies are evil and you're getting pounded because you don't have an attorney.

In the end, my client wasn't held liability.

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7 lawyers agree

Posted

Like everyone here has said, you need an attorney. The insurance adjuster is doing his job. Aggressively fighting for his employer for every penny. You need someone who knows how the system works to do that for you as well.

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8 lawyers agree

Posted

Insurance companies aren't the richest companies in America with their names plastered on all the major skyscrapers because they give out lots of money. Get a local personal injury lawyer to resolve everything.

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7 lawyers agree

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