There is only one course of action, you must sue the person and take it to trial.
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If you were injured, consult with an experienced CA personal injury attorney. They will bring a claim against the owner operator and force the insurance company to respond.
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You should make sure that you file a hit and run motorist police report with the CHP. If the insurance companies refuse to pay your claims, you will have to file a lawsuit against the owner and driver of the vehicle that you allege is responsible for your damages.
Since you did sustain injury, I suggest you hire an attorney who will also assist in your property damage claim. I suggest you have a single policy for both cars with both of you listed as drivers. I assume the insurance carriers are crying foul because you both presumably live together but are not listed drivers on the policy. But because you are both insured an attorney may be able to get around that issue. If not you can always sue the other driver.
If there is a criminal case pending, you can ask for victim's restitution. Did the cops make an arrest? Why did your wife's insurance co deny your claim? Were you excluded under the policy?
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. If your case is in California or Washington, you can call me for specific legal advice on your case free of charge. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
In addition to Mr. Cohen's comments I would suggest that you follow up with the CHP and make sure that the Complaint if filed with the District Attorney's Office. If the other driver is criminally convicted of hit and run, this could be admissible evidence in your civil case. If you are having medical treatment for your neck injury, you may want to seek out a personal injury lawyer to insure that you are adequately compensated for your injuries as well as the damage to your vehicle.
I hope this is helpful.
John N. Kitta
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