Is it normal to have a lawyer and has been almost 2 mo since the accident , the person who hit us insurance has not accepted lia

Asked about 2 years ago - Mesa, AZ

My son who was excluded from my policy was driving when we were hit by a person in a rental. My insurance denied the claim ofcourse so i hired a lawyer. It has been almost 2 months and the other insurance has not accepted liability. The police report has been recieved. My car is totaled sitting at a collission shop for almost 2 months. Is this normal?

Attorney answers (4)

  1. Geoffrey Trachtenberg

    Contributor Level 13

    10

    Lawyers agree

    Answered . Sadly, the answer is "absolutely."

    And there's little that any attorney can do to "force" a third-party insurance company to accept responsibility for a collision. In fact, it is not uncommon for these third-party insurers to deny even the most basic details about the accident.

  2. Christopher J Zachar

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . It is not unusual, but what is your lawyer doing about it?

    The adverse insurance is not required to make a claim determination. Ever. They can ignore you if they want.

    That is what attorneys are for. If warranted, an attorney working for you can file a lawsuit and MAKE THEM come to the table.

    Ask your attorney: What are your intentions here?

  3. Thomas John Cesta

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . Sadly, yes; this is normal. The other insurance company may continue to deny liability, and you may have to file suit and go to trial. Remember that you have a two year statute of limitation to file the law suit. Call your attorney for more specifics on what the insurance company is saying and when suit will be filed. Good luck.

    Tom Cesta is an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in... more
  4. Frederick Charles Thomas

    Pro

    Contributor Level 10

    Answered . First have you spoken with your attorney regarding this? If not you should immediately.

    The above statement does not create an attorney-client relationship and the submitting party should not consider... more

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