HELP!!!! *
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| 06/24/2008 06:35 PM |
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Can anyone please give me a crash course on how to claim property damages from the at fault insured's insurance company in an car accident?
When does it become bad faith? etc.. |
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Sexy Para... *
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| 06/24/2008 07:16 PM |
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Dear Help!!!!,
Can you give us more details please? We may be able to help you if you just explain what happened to Who, When, Where & Why?
If you have to use the word bad faith then it becomes bad faith at that moment? Doesn't mean it is....just becomes a bad faith claim. |
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WendyNC
Moderator
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| 06/25/2008 09:08 AM |
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| Help, it's often useful to mention your jurisdiction as well. Thanks! |
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Wendy Kimbel, ACP, NCCP
Paralegal Assistance, Inc.
105 E. Center St., Ste. C
Mebane, NC 27302
Phone: 919-967-4495
Fax: 919-304-0743 |
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Help *
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| 06/25/2008 02:47 PM |
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Jurisdiction: California
Client's friend was driving his car. Friend got into an accident, she was rear ended. Client's car was not insured and is totalled. The at-fault driver's insurance company refuses to do anything until they hear from the driver friend. Friend did not have license.
Client only want his car fixed or replaced. Client also wants to be reimbursed for the rentals. At-fault driver's insurances do not respond to anything. Client does not want to sue but wants the car replacement.
What to do? When is it bad faith? Can the insurance co. delay? |
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Sexy Para... *
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| 06/26/2008 11:28 AM |
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Were the Police called? Is there a police report? My two cents:
Try to get a lawyer: Write a letter explaining that you don't want to file legal action you just want to be made whole. (it would be better if the letter came from an attorney's office)
1. Why was someone without a license driving a car w/o insurance? (She can sue the car owner for injuries)
2. I'm not a lawyer but how much was the car worth before the accident? If less than $7,000 take the driver who caused the accident to small claims court and let them deal with the insurance company, not you!! It's their bad faith not your friends. |
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Help *
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| 06/26/2008 03:10 PM |
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There is a police report. We don't have it in our possession.
The attorney (taxation) wants me to research and write a letter to the insurance co. He does not what to write therefore he is asking me to research. The car was 1991 BMW.
I have no idea why that car was no insured or why the client's friend was driving the car, when she did not have a driving license. Honestly, I think the client is FOS but what can I say? |
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Sexy Para... *
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| 06/27/2008 06:45 PM |
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| Once a again I would take the person to small claims court....have them tighten the knot with their insurance company because they're getting sued and the insurance company hasn't done anything....just an opinion!! |
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debjame *
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| 06/29/2008 10:17 PM |
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You can easily get the police report. Just call the traffic division and find out the cost; usually $10 or $12. Then write a demand letter to the insurance co. for the value of the car. (blue book).
Unless, there was some injury to a person, an attorney usually isn't going to get involved; it's a property damage claim. You can send a demand letter to the insurance co. for the fmv of the car and submit the rental bills.
The tricky is that the Ins. co's lawyers are going to be all over the facts that the driver was unlicensed and the car was not insured. Both of those instances are big no-no's in California.
They're lucky the other party is not claiming injuries. |
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Sexy Para... *
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| 06/30/2008 10:44 AM |
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This happens everyday in L.A.!
Illegal aliens get into car crashes, have no insurance, driver license and no I.D. but some how they are able to sue the legal resident and walk away with a hand full of cash from the insurance co. There is legal help out there you just have to find it!! |
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