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

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!!!!!!!!!

Perris, CA -

Attorney Answers (10)

David Lee Fiol

David Lee Fiol

Personal Injury Lawyer - San Francisco, CA
Answered

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.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Car / Auto Accident Lawyer - Berkeley, CA
Answered

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... more
Albert Lee Crosner

Albert Lee Crosner

Personal Injury Lawyer - Manhattan Beach, CA
Answered

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... more
Fernando Davin Vargas

Fernando Davin Vargas

Car / Auto Accident Lawyer - Rancho Cucamonga, CA
Answered

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

Information posted or made available on or through the Site, including without limitation any responses to legal... more
Samuel Cohen

Samuel Cohen

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

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... more
Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Your insurance carrier needs to resolve it.

Christopher John Gansen

Christopher John Gansen

Personal Injury Lawyer - Los Angeles, CA
Answered

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.

Tatiana Kadetskaya

Tatiana Kadetskaya

Insurance Law Lawyer - Philadelphia, PA
Answered

A personal injury attorney will help you maximize the recovery.

Michael Shemtoub

Michael Shemtoub

Car / Auto Accident Lawyer - Los Angeles, CA
Answered

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.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Maryam Parman

Maryam Parman

Car / Auto Accident Lawyer - Irvine, CA
Answered

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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