San Francisco, CA asked in Car Accidents and Personal Injury for California

Q: Car accident. Other parties were at fault. But there insurance won’t pay for damages to my vehicle what do I do next

I have video proof, and yet they there not liable for damages

5 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Next is you sue the driver and owner of the vehicle (and possibly others like employer of driver). If the damages are $10,000 or less, small claims court is available. http://limitedscopecounsel.com/small-claims/ and check your county court's website.

Tim Akpinar and Robert Kane agree with this answer

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can sue in Small Claims, or submit a claim to your own insurance. If you aren’t at fault, your rates won’t go up and you get your deductible back if your insurer recovers from the other insurer.

If you were hurt, discuss your potential claims with a personal injury attorney.

Tim Akpinar and Robert Kane agree with this answer

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you're involved in a car accident in California and the other party's insurance company is denying liability despite evidence that their insured was at fault, you should take several steps to protect your rights and interests:

Consult an Attorney: First and foremost, consult a personal injury attorney who specializes in car accidents. They can guide you through the process, negotiate with the insurance company, and, if necessary, file a lawsuit on your behalf.

Contact Your Own Insurance Company: Inform your own insurance company about the accident and the other party's refusal to accept liability. They may be able to assist you through your collision coverage, if you have it, or they may be able to pursue the other party's insurance company through a process called subrogation.

Document Everything: Ensure that you have comprehensive documentation of the accident, including photographs, video evidence, police reports, witness statements, and any communication with the other party or their insurance company. This will be crucial in proving your case.

Investigation: Your attorney can conduct an independent investigation to establish the fault of the other party. This could include gathering additional evidence, working with accident reconstruction experts, or taking depositions.

Negotiation and Mediation: Your attorney can negotiate directly with the other party's insurance company. If negotiations fail, you might consider mediation, which is a form of alternative dispute resolution involving a neutral third party.

File a Lawsuit: If negotiations and mediation do not result in a satisfactory resolution, your attorney can file a lawsuit against the other party. In court, you'll have the opportunity to present your evidence and make your case that the other party was at fault.

Remember, it's essential to act promptly because there are time limits (statutes of limitations) for filing a lawsuit after a car accident. In California, you generally have two years from the date of the accident to file a personal injury lawsuit and three years to file a property damage lawsuit.

Keep in mind that this advice is based on general legal principles and may not apply exactly to your situation. Laws can also change, and there might be local or county regulations that could affect your rights. Therefore, please consult with a legal professional to ensure you're getting the most accurate and current advice.

Tim Akpinar agrees with this answer

1 user found this answer helpful

James R. Dickinson
James R. Dickinson
Answered
  • Personal Injury Lawyer
  • San Bernardino, CA
  • Licensed in California

A: You can sue them for damage to the property. Were you injured? Either way, speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Tim Akpinar agrees with this answer

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: It's not unusual for carriers to deny a claim. One option is to hire an attorney to handle the claim. Another is to look into handling the claim yourself if you want to take the do-it-yourself route. If the carrier presented you with a denial form or denial letter, those sometimes outline additional options. Good luck

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