How do I sue the insurance co of the person that hit me?

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PostPosted: Sun Jul 11, 2010 4:03 am   Post subject: How do I sue the insurance co of the person that hit me?  

I was in a car accident in CA. All reports indicate that it was the other person's fault. I have insurance, but not full coverage. My insurance co is telling me to deal directly with the other person's insurance co. The other person's insurance co has not done anything with my claim because the person that hut me has not sighed and returned their claim. What can i do to force the insurance co to something? It has been 3 monthsd and my dad wants my wrecked car out of his driveway.

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PostPosted: Sun Jul 11, 2010 8:40 am   Post subject:   

You cannot sue the insurance company -- they are not the party that caused your damages. But you could file a complaint with the CA Dept of Insurance:

Look in the upper right corner of the webpage for the "Request for Assistance" link.

However, before you so that, if you know the name and address of the at-fault party, you can simply file a small claims suit (up to $7500 in total damages) against them in the court that has jurisdiction (1) where the accident happened, or (2) where the party resides. You can find out more information about that by clicking on this link:

If you win your case in court, the insurance company will have to pay, whether the jerk fills out his report form or not.

Know anyone 6'8" and 300+ pounds who could "pay the guy a visit" in the meantime? Might be faster and cheaper.


CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
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PostPosted: Sun Jul 11, 2010 1:59 pm   Post subject:   

I'd call the adjuster, ask for a status on the claim and what they have done to make contact with their insured..

also was there a police report ? if so ask the adjuster if they have a copy of it, does it indicate it was their insured vehicle and driver? if so does it indicate he was at fault for the loss? if so, ask them if they cannot proceed with the claim with this information? Then I'd tell them they have exactly one week from this date to finalize this claim, either pay it or deny it. If they don't I'd tell them I'm filing a complaint with the CA dept of insurance, then do it!

Small claims is of course a good option...but a little more time consuming, I'd personally try the above first, then go the small claims route.


"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
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PostPosted: Mon Sep 20, 2010 12:00 pm   Post subject:   

Discussing with the adjuster might just show you through some light. It might take some time though. If there's a policy report it could be of really help!

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