Q: My insurance company says that neither side involved in the accident was determined to be at fault so no payments were
Giving to neither side, i have a a dash cam that shows I got hit, they reviewed and say that was enough evidence, to show that the other parties was a fault, they then told me to pay for my deductible and that they will issue me back the money as soon as they get it from the other party, two month later I still haven’t received my reimbursement but a letter saying that there wasn’t enough evidence to show who was a fault when the video clearly shows that the other vehicle hit me…what can I do to resolve this issue
A:
Under California law, you have several options to address this situation with your insurance company. First, it's important to review your insurance policy to understand the coverage and the process for disputing a claim decision. Policies often include details on how to appeal a decision or seek a reassessment of your claim.
If reviewing your policy doesn't provide a clear path forward, consider filing a formal complaint with your insurance company. Document all communications, including the evidence from your dash cam and any correspondence regarding the claim. This documentation can be crucial in supporting your case.
If the issue remains unresolved, you might consider seeking legal advice. An attorney experienced in insurance disputes can provide guidance specific to your case and help you understand your rights under California law. They can also assist in negotiating with the insurance company or in taking legal action if necessary.
Additionally, you can contact the California Department of Insurance. They can offer assistance and may be able to intervene on your behalf if they find that the insurance company is not complying with state regulations.
Remember, it's important to act promptly and keep a detailed record of all interactions related to this matter. Your proactive approach and persistence can be key in resolving this issue.
A:
After consulting with, and getting permission from, your collision insurer, sue the other party in Small Claims court. You need to inform your insurer and get its permission in advance, because it owns a portion of your property damage claim, and the entire claim must be presented at once or the portion that is not presented will be lost forever.
If you sue without including the insurer's claim, or getting its permission to exclude it, you will be in breach of your contractual duties to your insurer and could be liable to it.
A: Despite your dashcam footage showing the other driver at fault, your insurance company denied your claim and hasn't reimbursed your deductible. To resolve this, review your policy and communication with them. Restate your case with the adjuster, emphasizing the footage evidence. Consider suggesting mediation or filing a complaint with the Department of Insurance. By being persistent and gathering evidence, you can increase your chances of a fair resolution and reimbursement.
A: As my colleagues correctly outline, your primary choices include continuing to try to negotiate, filing suit on your own, or through an attorney. If it's only for PD and you involve an attorney, review fee arrangements carefully - it's not something that most law firms would handle on a contingency basis if the matter does not involve bodily injury. Good luck
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