Each case is very fact specific and not all questions can be answered now. Was the other car reported stolen? If so, when was the report taken and how does that relate to the time of the crash? Did anyone witness the crash? If so, can those witnesses provide a description of the driver and/or passenger?
Also, depending on the insurance policy held by the owner of the other car, assuming there is one, you would have to look at the specific language of that policy, were any drivers excluded, did the vehicle owner let anyone else use his car, was the car stolen, and other questions along those lines are something to consider when evaluating the case. And, what type of insurance coverage do you have on your vehicle? Does it offer you any protection?
Please feel free to contact me, if you would like, to further discuss your family's potential claim
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DOES NOT MAKE ANY SENSE - IMMEDIATELY CONSULT A LOCAL LA PERSONAL INJURY ATTORNEY
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
You do not indicate which insurance is refusing to pay. You should hire a personal injury attorney immediately, either you have a claim against the other car's insurance policy, and owner, or against your own for uninsured motorist coverage.
This is general advice and does not establish an attorney-client relationship.
Many questions that a good personal injury attorney would ask you need to be asked. Contact a local area personal injury attorney right away to help preserve your rights. Sorry you car was totaled and your husband hurt. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.