You clearly need to talk to a Ca attorney near you. You should not be handling this yourself and you should stop talking to the adjuster from the insurance company for the other driver now. I am sure someone from CA will answer your post and can help you with the details of coverage under Ca law, but in the meantime, no more contact with the other insurance company or the other driver until you talk to an attorney, OK?
JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
The facts in your question don't make sense. Insurance runs with the vehicle. If the other driver was at fault and there was insurance on the vehicle, that insurance should pay for your damages. There must be some other issue involved here. You need to speak with me or with another personal injury lawyer and have the police report and the correspondence from the insurance company reivewed.
Sounds like there is a coverage issue and thats' why the insurance company will not cover the claim. Be that as it may, the insurance company's decision is not necessarily final.
Accordingly, you should hire an attorney immediately to proceed with the claim. After further investigation (and litigation if need be) the loss may in fact be covered. Good Luck!
Evan in FLA
866 I SUE YOU
You probably should talk to an attorney. There is something missing here in the facts. It is possible that the other vehicle driver was an excluded driver, and therefore no coverage. In that event you may need to pursue an uninsured motorist claim against your own insurance company
If the insurance on the vehicle did not exclude drivers that are not on the policy you should be able to recover from that insurance. You could also go after the driver personally if he/she has any assets. As a last resort, you can make a claim against your own uninsured/underinsured coverage.
Contact a personal injury attorney in your area immediately for assistance in this matter.