Yes, you can certainly file a lawsuit against the driver, which will hopefully be the impetus for a speedy settlement.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Depends on damages . A lawsuit may speed it up but can be expensive if it is just property damage claim. If Your claim is $10,000.00 or less you have an option to file a small claim and it will be decided in a single court hearing with a single Appeal.
You may want to give any members of this forum a call so you can discuss which one is your better option.
Yes, you can sue the other driver. As noted, if your claim is for less than $10,000, you can file the suit yourself (without an attorney) in the small claims court. You can seek compensatory damages such as storage fees and towing, but it is doubtful you will recover punitive damages. Good luck.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
As my colleagues indicated, yes, you can sue the driver. The easiest thing for you to do, however, is to talk to your insurance company. Your carrier owes you a duty to repair your motorcycle, get it out of storage, etc. They also owe you a duty to deal with you in good faith.
There is no third party bad faith in California--that means that the other driver's insurance company does not have to deal with you in good faith, quickly settle your claim, or anything else.
While you can sue them, you have no grounds for punitive damages because there is no third-party bad faith in California. That is why, if there is no personal injury (you were not hurt) I recommend telling your carrier (in writing) about the difficulties you have had with the other driver's carrier and demanding that they fix your bike or pay you its full value, pay the storage and towing fees. Ask them to waive your deductible. Often they will do so. Insurance companies have a system of arbitration they use to collect between themselves, so your carrier will take care of you and then seek reimbursement from the other carrier.
I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
Unfortunately, many inurance adjustors fail to communicate with claimants. It seems as though you may have found one of those adjustors. You may sue the other driver for your property damage. If your property damage is $10,000.00 or less, you can sue in small claims court. However, you will not be able to recover punitive damages for your property damage claim.