by Guest » Fri Dec 21, 2012 01:08 am
I was in an accident and it was the other guys fault entirely, after the accident his insurance company failed to contact me for 2 months. The vehicle had been towed to a tow yard that entire (per the chp advice) I did not have insurance so I couldn't afford to have the car moved. Well as I was saying the vehicle sat there for more than 2 months. After all was said and done there was over 2400 bux in tow fees his insurance company decided that they would only pay 700 of these fees then took the remainder out of the amount they owed me for the replacement of my car. Is that legal? And if not how long do I have to file against the other driver for the 1800 bux they took?
Posted: Fri Dec 21, 2012 12:46 pm Post Subject:
how long do I have to file against the other driver for the 1800 bux
In California, you generally have up to three years from the date of loss to file a civil action in a tort matter such as this. But this matter is one for small claims court, so you should file ASAP. If you win, the insurance company will have to indemnify their insured.
his insurance company failed to contact me for 2 months
But . . . the Judge will want to know what effort you made to contact the insurance company in those two months? If you simply sat around doing nothing and waited those two months while nothing was happening, you could end up losing the case. You have a responsibility to minimize your loss to the greatest extent possible.
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