While I cannot give you legal advice in this forum, you have many options. You can make a pest of yourself and keep calling. You can send them certified letters. You can retain a personal injury attorney to help you. You can always sue them. If the amount is less than $10,000 (which I think is the limit), you can sue them yourself in small claims court.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
If you have collision coverage, it will always be easier and quicker to go through your own carrier. Otherwise, just keep bugging this person's adjuster until you get a response. This is yet another example of insurance companies "slow paying" claims!!
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Were you injured in this accident? You need an attorney. We just settled a case with very similar facts. The problem with insurance adjusters is that they have no duty to call you. They have a duty to their client.
If you would like to discuss this further, please call me at 949.720.1288 or email me at firstname.lastname@example.org
While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.
Unfortunately, there is no easy way to get a hold of a claims adjuster, even if you are the insured. My advice would be to report this accident to your own insurance company and let them fight the good fight for you.
If you have collision coverage, your own company can pay the damages or loss of your car and then go after the other driver's insurance for reimbursement (subrogation). While it still might be a pain, you will have a much easier time reaching your own insurance company's claims rep versus the other guy's.
YOU caused the accident by leaving your car on the roadway. At the
first sign of a mechanical problem, you know you have a duty to drive off
the roadway. You failed to do that and thereby risked your own life when
you exited the car and endangered other motorists. The accident is your
fault. Turn it in to your own insurance.
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