Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale
I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the other party was at fault, I need to know how to proceed in order to get my vehicle fixed. Do I need to proceed with Civil Claims court?
A: The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the collision. Keep in mind that your estimate for repair will be low if there is damage that cannot be seen until the car is torn down. There is no way around that unless you pay for the repair and then sue the other driver.
A: Pro bono might be difficult in such a setting. Vehicle ownership could undermine eligibility for pro bono services with some law firms or organizations, as these services are based on financial need, but you could ask. You could inquire with attorneys on other options (sometimes contingency is an option in insurance claims, but it could depend on the amount of damages and liability). Reaching out to attorneys could be the only real way to find out - each claim is fact-specific, and a law firm could base its fees on a number of factors. Good luck
A:
If the other party's insurance company has not been responsive after a year, you might want to consider additional steps to resolve the situation. Start by sending a formal demand letter to the insurance company, clearly stating your claim, the amount of damage, and attaching supporting documents like the police report, repair estimates, and any correspondence you’ve had with them. This often prompts a response, as it shows you are serious about pursuing your claim.
If the insurance company continues to ignore you, you could consider filing a complaint with the California Department of Insurance. They can investigate and sometimes pressure the insurer to respond or take action. Additionally, check your own insurance policy to see if you have uninsured or underinsured motorist coverage, which might provide benefits even though the other party was at fault.
If these steps don’t resolve the matter, small claims court could be an option, especially if the repair costs fall within the small claims limit in California (currently $12,500). You wouldn’t need an attorney to file, and the process is relatively straightforward. However, if the situation is complex or involves significant damages, it may be worth consulting with an attorney who handles auto insurance matters, as they can guide you on the best approach to recover what you’re owed.
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