The insurance company’s position is unreasonable, and 18 months is way too long to wait. Since you were injured I would contact a local personal injury attorney and get the ball rolling.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Hire an attorney in San Diego who can help you pursue the cab company.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
I am very sorry to hear about your accident and injuries. I am assuming Mercury insurance is the insurance company for the taxi cab. You have a two year window in which to either settle your injury claim or file a formal lawsuit to preserve your right to your claim. Since your accident was 18 months ago, you need to keep that deadline in mind. At this point I would suggest you contact a personal injury attorney and seek representation. It sounds as if the insurance company is going to continue to delay this until you force them to do otherwise and you may need an attorney to do that for you. Most personal injury attorneys offer free consultations and work on a contingency fee, meaning you have no attorney's fees until your case is resolved. Good luck to you!
Your facts appear to indicate the cab was at fault. Therefore, the cab company or its insurance company are responsible for your medical bills. In AZ, if you have not resolved your claim with the defendant within 2 years of the collision, you need to file a lawsuit to prevent your claim from being waived forever. CA is the same, and CA will be the state you will file since the collision occurred there. Therefore, you are approximately 6 months from your claim expiring. I suggest you hire a competent injury attorney sooner than later.
First of all, Mercury Insurance is in my experience the worst insurance company to deal with on any type of claim, but especially a liability claim. Expect Mercury to deny their legal responsibility at every step of the way. Second of all, the statute of limitations in California is 2 years, so you must file a lawsuit within that time to preserve your right to receive compensation.
Based on these two considerations, you should seek help from a good San Diego personal injury attorney IMMEDIATELY.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I agree with the other comments. You should contact a licensed California attorney because the accident occurred there.
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