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I was T-boned by an insured driver. No satisfaction from adjustors. Can I sue Farmer's/Century 21 in CA small claims court?

Visalia, CA |

Dealing with Help Point adjustors. Won't even offer to cover 19 chiropractic visits. Accident was so violent it bent the unibody. Other driver 100% at fault, quite elderly and died a few months after accident, (not due to accident). Who do I name in a small claims action. He was insured by Century 21 but all accident correspondence comes from Farmers and the unreasonable people I have to work with are from Help Point. Do I name all of the above an the estate of the person who hit me? Any help regarding California law would be appreciated. Thank you

Attorney Answers 8

Posted

You can sue the estate by its administrator or executor, serving that person if you know who it is. Alternatively, under California Probate Code, Sections 550-554, you can name the estate but serve the insurance company, as long as your claim is within the insurance limits. To serve the insurance company you can ask them who their agent is for claims under the Probate Code, or serve the agent listed for the company with the California Secretary of State.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Excellent advice by Attorney Fiol!!!

David Lee Fiol

David Lee Fiol

Posted

Thank you Mr. Juarez.

Posted

No unfortunately you cannot sue the adverse party's insurance company or its personnel. Believe it or not, under California law they owe you no duty whatsoever. If you do sue, you simply name the adverse driver and his insurer will defend him.
21st Century was acquired by Farmers Insurance Company and the claims handling has been consolidated and they call it---of all things--"help point!"
My experience over 29 years is not favorable with Farmers from a claim handling and efficiency standpoint.
As for putting the pressure on the "help point" adjusters-- try reporting them to the California Insurance Commissioner if they have unreasonable handled your claim, have delayed communications with you or have misrepresented any material fact.
I hope this helps!
Good luck!

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Posted

A personal injury lawyer would sue the estate.

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Posted

If the accident was of the serious type, you must have also suffered bodily injury. Do not consider small claims court. See an attorney in VISA and get yourself some representation. They will change their tune after that. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

I feel your frustration. Farmers, aka 21st Century has gone the way of a lot of other insurance companies by putting cases to a committee or claims team. I would guess that you claim is being handled by the Northern California Claims Team.

Putting cases to a committee eliminates the personal responsibility of handling the claim. It is designed so you never get the same claims adjuster on the phone twice. This forces you to explain the situation again each time you call. It is part of the insurance companies’ goal - DENY, DELAY AND DEFEND. Eventually people get frustrated and give up.

I used to work as an attorney for Farmers so I know firsthand how they operate.

I don't see why you are going small claims since you may have a case above the $7,500 cap.

Check with a lawyer about your case. Let him or her deal with Farmers and their big corporate gamesmanship.

Remember if you file small claims, and Farmers looses, they can file an appeal and the whole process begins all over, except this time they will have one of their lawyer, most likely one know, hand the appeal hearing.

If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.

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Posted

The procedure for pursing an estate is pretty technical. Many attorneys don't even know the laws. Have you considered hiring an attorney who (familiar with pursing an estate) to help you? The last thing you want is to mess up and lose your right to bring a claim forever... Also, if the insurance company sees that you have an attorney, they will probably take your claim more seriously (they normally do).

For more information about our firm please see www.bdinjurylawgroup.com or call 866-99-52529........ Always consult with an attorney licensed in your State for more detailed information. I'm only licensed in California and my answers assume that California Law applies. Since a thorough interview and evaluation of the law and facts has not taken place, my answers are general in nature and not specific to your claim or situation. No attorney client relationship is created or established by this response. You remain responsible for all deadlines and time limiting statutes. The Avvo terms of use are incorporated herein by this reference.

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Posted

Why are you suing in small claims court??? If you were injured and/or have more than $8k in property damage you should be suing in superior court. Trust me, hire a lawyer! You'll get a much better settlement, quicker results and the respect of the insurance company. Were you injured? We all offer free consultations.

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com 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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Posted

Your case appears to have a likely value in excess of the amount for which you can sue in small claims court. Since the responsible party has died, you may be required to file a claim with his Estate, if there is one. An attorney may be able to help you file such a claim or bring a claim against the Estate for the amount of the insurance policy and/or other assets of the Estate. This can be very complicated. I handled a similar case that took several years and required filing lots of paperwork with the Court. You definitely need an attorney experienced in personal injury and probate claims.

Answering your inquiry does not establish an attorney-client relationship. California law requires that the potential client and the attorney enter into a written retainer agreement. Moreover, additional or different facts may affect or change the general legal response offered. Therefore, the attorney makes no warranty of the accuracy or applicability of any of the information that he may provide in this response.

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