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How do i get the insurance company to call me back regarding a claim?

Oxnard, CA |

My car was involved in a freeway accident ( i was not in the car) due to the transmission failing. The car was left in the second lane of the freeway because it would no longer move. The individual who hit my car was driving a company car from his work. CHP's determined that he was driving under the influence of alcohol. My car was destroyed. I have called the companies car insurance and they have stated that an adjuster has opened a claim. I keep calling the insurance and also the adjuster but they never return my call. What should i do? They keep giving me the run around.

Attorney Answers 6

Posted

While I cannot give you legal advice in this forum, you have many options. You can make a pest of yourself and keep calling. You can send them certified letters. You can retain a personal injury attorney to help you. You can always sue them. If the amount is less than $10,000 (which I think is the limit), you can sue them yourself in small claims court.

THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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Posted

If you have collision coverage, it will always be easier and quicker to go through your own carrier. Otherwise, just keep bugging this person's adjuster until you get a response. This is yet another example of insurance companies "slow paying" claims!!

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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Posted

Were you injured in this accident? You need an attorney. We just settled a case with very similar facts. The problem with insurance adjusters is that they have no duty to call you. They have a duty to their client.

If you would like to discuss this further, please call me at 949.720.1288 or email me at agokal@rcrsd.com

While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.

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Posted

Unfortunately, there is no easy way to get a hold of a claims adjuster, even if you are the insured. My advice would be to report this accident to your own insurance company and let them fight the good fight for you.

If you have collision coverage, your own company can pay the damages or loss of your car and then go after the other driver's insurance for reimbursement (subrogation). While it still might be a pain, you will have a much easier time reaching your own insurance company's claims rep versus the other guy's.

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Posted

YOU caused the accident by leaving your car on the roadway. At the
first sign of a mechanical problem, you know you have a duty to drive off
the roadway. You failed to do that and thereby risked your own life when
you exited the car and endangered other motorists. The accident is your
fault. Turn it in to your own insurance.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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2 comments

Asker

Posted

Really CHARLES JOSEPH MICHAEL CANDIANO!!! Did you not read the part where the individual who hit my car was drinking and driving!!! And for your information i did try pulling over to the side of the freeway when i started to notice engine trouble!!! Once the car couldnt move i had no choice but to leave it in the middle of the road!!! The Man Was Drinking And Driving!!! He was impaired, he could have actually killed somebody you Jerk!!!! Have a bad rest of your life SIR!!!

Asker

Posted

I'm sorry to side with the person asking on this but a transmission may fail suddenly, locking up the drivetrain in that case there is no possible way to remove the car from the roadway. Without additional information you cannot draw such a clear conclusion as to say the driver was at fault.

Posted

You can try calling the adjusters supervisor after repeated attempts to contact the adjuster.

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