Q: Daughter in car accident. Insurance company dragging feet on liability and being very ridiculous.
Insurance has taken statements from both drivers, has police report and witness statements. Other driver cited for illegal left turn / failing to yield (daughter going straight thru intersection). Insurance has twice stated that other driver at fault/liable. Yet 4 weeks after accident they refuse to authorize rental, won't authorize our vehicle towed from in front of residence (4 weeks). They say still determining liability!!! Also after daughter gave statement, insurance trying to say that she said "didn't see other car" and therefore, she failed to avoid collision and probably her fault!!! Considering taking other drive to small claims to recover. Since daughter is 18, may we both be plaintiffs in action? She owns car too.
A: In most states the law says car damage has to be settled promptly and fairly. Most give 30 days. At 30, file a complaint with the insurance commissioner. If your daughter was hurt she should get treatment and see a member of the Colorado Assn for Justice--they give free consults.
A:
I hope your daughter is okay. If the matter is still pending, it could be worthwhile to meet with a Colorado attorney and discuss the issues you mention, and other ones that she or he can bring to your attention that you don't raise here. Generally, when something drags on this long, a common reason is that the other driver hasn't given their carrier a statement. But from what you say, testimony has already been obtained from both operators. Attorneys in this area usually provide free consults, and you've waited a long time already for a rental. Good luck.
Tim Akpinar
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