I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... Read more »
This is a typical tactic from a California auto insurance carrier. Claiming "minimal impact" and alleging "delay in treatment" are two of the more common excuses for low settlement offers. Because you have already initiated the small claims action, you have two choices: (1) let the small claims...Read more »
If she was an excluded driver on your policy, you may not be able to file any claims with your own insurance. If she was injured, she would still have the right to assert a bodily injury claim against the drunk driver or their insurance. You would also have the right to assert a claim for the...Read more »
Possibly. From what you describe, it would appear that the majority of fault lies with the truck driver who pulled out and caused the initial collision in violation of California Vehicle Code 21804. However, there MAY be some fault attributable to you for either following too closely (California...Read more »
Unfortunately, insurance companies don't want to settle claims "piece meal". They want to have a settlement that includes all people making claims. I would suggest retaining a personal injury attorney if you don't have one and asking them what can be done to expedite the claim.
Car hit while parked. My insurance doesn't cover. SF police won't give me police report [Gov't Code 6254(f)] so I don't know who is responsible so I can't contact their insurance. Can't afford even an estimate. Car not drivable as-is. No one was in my car so "personal injury" lawyers won't touch... Read more »
Unfortunately, you would need to provide some additional information. The normal deadline for filing a personal injury claim in California is 2 years from the date of the incident that caused your injury but, delay in diagnosis is possible. Consult with an attorney immediately on any potential...Read more »
Hello, I'm 19. I had a car accident in Dec 2016 and I was unlicensed at the time and not on the insurance policy so I got charged 20,000 for the damage of a KIA Optima. A few months ago I received a paper in the mail from Los Angeles COUNTY court saying we had to settle the payments through court... Read more »
Tough situation. Your options are to work out a payment plan or, assuming the incident didn't involve drunk driving, it would probably be dischargeable in bankruptcy. You should consult with an attorney who handles debt negotiation and bankruptcy issues.
Now my car is all smashed up and my brother is hurt in the hospital. The other car is also a mess and the passenger of that car is still in the hospital too. The driver wasn’t hurt so bad. I have insurance for me on my car, but does this cover my brother? I’m not sure who I’m supposed to... Read more »
My daughter was in a car accident and her car was totaled. The other insurance company keeps lowering the amount that they will pay and the want us to sign a waiver saying we wont go after the other party or them for more money. We don't feel that that is fair and the are offering us way less money... Read more »
You are entitled to "fair market value" on the vehicle. Most insurance carriers calculate this value based upon a "market comparison" (i.e. what have vehicles similar to your daughters in specs and mileage sold for in the past 6-12 months). If you have collision coverage through your own...Read more »
You should seek prompt medical attention and retain a personal injury attorney. Just because the insurance company for the other driver is accepting "100% liability", does not mean they will compensate you fully for your injuries. Having a personal injury attorney to obtain medical records and...Read more »
This depends upon a lot of factors. For your car: the standard is the lesser of "fair market value" or the cost of repair. If the cost of repair exceeds fair market value, your vehicle is deemed a "total loss" and the value of the car is owed. As to how insurance companies calculate "fair market...Read more »
Unfortunately, many if not most insurance carriers have a policy of having you rent the vehicle and then submit the bill to them for reimbursement. Some carriers still have direct relationships with certain rental agencies (like Enterprise). It usually takes a week or two at a minimum for them to...Read more »
I agree with the other answers. There is no "formula" for coming up with a reasonable settlement value or possible judgment value if you were to go to trial. Your lawyer would be the best person to analyze this as he or she has all the information about the case and your injury. If you don't...Read more »
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