El Cajon, CA asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California

Q: How long can the insurance company wait for witness to respond?

I was involve in accident where my the rear left side of my car was hit by another car(truck) after I took a left turn and enter the TWLT area where the accident occurred inside that area between the two yellow lanes, I have all the images to prove that. No injuries occurred we didn't file a police report. My car was severely damaged, but the other car very light scratch barely noticeable

I reached to the insurance company with all the details and images, but the insurance company still investigating and the claim is still open even after20 days of filing, and when I reached the insurance company they told me: they are trying to reach a witness that the other driver provided the information for, but the witness is not responding even after reaching calling him for 3 times." For the witness I ignored him b/c he was cross the street sitting between two cars on the curb with ZERO visibility of the accident. would the info. provide by the witness be accurate after20 days of the accident

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: The issue is often how much weight to give to the wit testimony. However, remember the car turning LEFT is usually presumed to be at fault ...absent other evidence.

It sounds like the damage is minimal and thus filing in small claims may get you some immediate response.

Remember you have the burden of proof and if you are dealing with the other car's insurance, it may be different from your own. Your ins co has a great burden to deal fairly with you.

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