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Wondering if I need a lawyer to deal with 7-UP's insurance company after one of their drivers hit my car?

Perris, CA |

On Thur. 10-17-13 a 7-UP rig/trailer turned into my lane damaging my car from drivers door to rear of car. Police responded, no report made (no injuries), driver admitted fault, "didn't see me". Obtained every piece of conceivable info. on this driver as well as pics of rig/trailer & his ins. card. Also gave all of my info. to truck driver. Contacted number on his ins. card and took 3 calls to even get a claim started. Acted like he didn't exist though I had his name, DL#, rig#, lic. plate #, and all his ins. info.! Finally have a claim but now just keep getting the runaround from these people. Haven't even sent an adjuster yet (luckily its still drivable for work)!!! What really gets me is that I'm not trying to claim injury/med. bills or sue... just want my car fixed!!!!!!!!!

I do have collision coverage w/State Farm, however they told me since it was other drivers fault I had to deal with his ins. co.??? This doesn't seem right either, isn't that what I pay my ins. co. for? Also a friend was rear ended two days before my accident (same road) and her car is already fixed while I'm still waiting!!!???

Attorney Answers 10


  1. Best answer

    You're right - if you paid for collision coverage it's your right to claim under that coverage, get your car fixed, and let them pursue the truck driver and his employer. Your time is valuable - let your insurance company deal with that headache. Make sure to demand that your insurance company recover your deductible for you as well.


  2. In that this accident occurred only 10 days ago, you should consider allowing them more time to resolve the matter. If you do not get some type of resolution in the next week or two, you might start considering the need for an attorney. If 7-UP does not want to pay for your damages or wants to pay a small amount only, you might need to get an attorney to get the resolution you want. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. No injuries and want your car fixed. Easy. Call your insurance company and give them the information and tell them to fix your car. If you do not have collision coverage, then get an appraisal and file a small claims case and sue the driver. His insurance will pay the claim. Best of luck..

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. 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, 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. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.


  4. Mr. Crosner and Mr. Jaurez laid it out well. They both gave you great advice. Best of luck!

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  5. If you have collision coverage, Call your agent or, if you do not have one, your insurance company and tell them you want to make a claim under your collision coverage. Do not take no for an answer. If the person on the other end of the line refuses to start a claim, get his/her name and ask for a supervisor. If that does not get action, contact a lawyer and ask for help. Note that collision coverage and liability coverage are NOT the same thing.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  6. A personal injury attorney will help you maximize the recovery.


  7. Your insurance carrier needs to resolve it.


  8. You're getting the Insurance Shuffle. Your own carrier should be working far harder to get you back to 100%, and the at fault driver's co. is basically hoping you go away.

    Insurance adjusters are basically sociopaths with a salary. Approach and deal with them as such.


  9. I've handled many of these cases before, meaning just the property damage portion. Unfortunately for you, trucking companies are the worst to deal with and you are going to get a lot of push back from them regarding this case. Don't be surprised if they say its your fault. Your best bet is to hire an attorney.

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  10. Insurance companies deny liability on several reasons, they sometimes try to use anything and everything to get out of a claim. Also, if you have comprehensive collision, your insurance company should cover the damages and seek reimbursement from the other party. I suggest that you contact a local personal injury attorney to assist you throughout this process as it can be complex and time consuming. You will likely be provided with a free consultation.

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