We've tried to seek legal council for this. Our car is totalled and accruing $75 a day at the storage facility. It's been almost a month and the other party's insurance adjuster's excuse is that they need the police report (ordered April 24th, according to the other party's adjuster). The Oakland, CA traffic division says the police report is available NOW (May 18). My g/f lost her job because of this incident. We have no transportation and since we have no fault/liability, we are not getting payed out. The woman who hit us is clearly liable, even the police who tracked her down said so (it was a hit and run, plus she was speeding and blew a red). No attorneys want to deal w/ it, there were no serious injuries. Her insurance is clearly blowing us off. what is our course of action?
you need to file a formal claim with the insurance company and if they don't pay then you need to sue. Depending on how much you are owed you may be able to do this in small claims court.
Good advice by Mr. Sullivan. I would also suggest that you talk with your insurance company as well to see if they would talk with the other insurance company and see why they seem to be acting in bad faith and refusing to pay. If they still refuse to pay, then sue them.
If you know all of you damages, like the value to repLace your vehicle, the amount of your past medical bills, income loss caused by the accident, the you can file your own lawsuit against the other driver and owner(s) of the other vehicle. There are good books published by Nolo Press to help pro per, or self represented clients.
The problem is that you probably want a lawyer to take your case on a contingency, meaning (s)he gets a percentage of whatever recovery you get from the other party's insurance company. Since you are limited to recovery the lesser of your replacement or repair cost of your vehicle, there would not be enough money in your pocket from the settlement to repair or replace your vehicle after the attorney takes her cut.
Obtain a copy of the traffic collision report (TCR) and send it to the other Driver's insurance adjuster with copies of your car's retail Kelly Blue Book value print out, your storage invoices to dates, any medical bills from the accident and ask the adjuster to send you a written settlement offer by a specified date. You should allow at least 10 business days, plus 2 or 3 days for the demand to reach the adjuster by mail.
If you do not hear from the adjuster by the deadline, file a lawsuit. Sent up a complaint with the CA Ins. Commissioner's Public Inquiries unit and copy your elected officials on the letter to the Inc. Commish.
Also call the District Attorney's office and find out if criminal charges has been filed against the other driver. If so, ask for the Deputy DA handling the case and let them know you are the victim. Send the DA a letter telling her you want to be notified of all criminal proceedings under Ca's Marcy's Law.
If the driver is convicted or pleads guilty you can ask the DA to direct you on submitting a restitution claim to get back your unpaid medical bills, attorney's fees, lost wages, and other economic damages.
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It sounds as if you, your girlfriend or both may have sustained injuries in the incident. If so, you also have a claim for past and future medical expenses, lost income and pain and suffering. If you retain an attorney on a contingency for your injury claims, he/she will often provide assistance with property damage.
If you have injuries, you should call a northern california personal injury firm for a free consultation.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
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