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My daughter was in a auto accident.

Stockton, CA |

My daughter was injured in a auto accident. I exchanged information but didnt exchange addresses. Now the insurance company is denying my claim saying the car wasnt damaged hard enough for injury(lie). I want to take there insured to small claims court but the insurance company refuses to give me there insureds address. Doesnt Ca law require you to do this? What can I do? Thanks

Attorney Answers 5


  1. Best answer

    The question of whether a particular collision could possibly cause a particular injury is not one that is finally and fully determined by an insurance company's adjuster... wouldn't that be pretty awful if that were allowed? Experts in medicine (physicians) and accident reconstructionists working together are able to make such determinations based on physical forces and biomechanical factors. They would then present their findings to a jury/judge for a final determination - of course, the other side may have a challenge from similar experts... but I've not seen an insurance company adjuster being asked for his or her expert opinion on such a complicated question by a court.

    The bottom line is that when an insurance company refuses to pay, and not paying is how they make money so this is expected behavior, a lawyer should be retained to force them to pay what they should.

    -Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  2. Any credible and competent doctor will tell you that there is no correlation between the amount of damage ot a machine and injury to a human being as a result of a traumatic event. Speaking to an insurance company as opposed to a qualified attorney - no surprise here. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. If there was a police report done, the other party's address will be on the face page. Sometimes it takes about 10 days to get the completed report but you can get just the face page in a couple of days. If there was no police report, maybe you can go through your own insurance company to pay the claim and they will subrogate and get their money back from the at fault carrier. If that doesn't work, perhaps you can file an investigative claim with the Insurance Commissioner for California. If your daughter was injured, you really should be consulting with an attorney to best represent her interests. Good luck!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. I would not pursue this alone in small claims court. Instead there are many highly qualified attorneys in Stockton and Sacramento that would be more than willing to take your case on contingency. It sounds like you have some complex issues to deal with and taking a swing in small claims court will only complicate things. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  5. If your daughter was injured in a car accident, depending on the extent of he injuries you may wish to consider retaining a PI lawyer. If not, submit the claim to your own insurance company. Best of luck

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales 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 y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y 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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