What is the name of your state (only U.S. law)? California
Hi All,
On 3/28/2014 I was hit while on a motorcycle by another motorist who merged into my lane. I sustained a fractured rib and road rash plus damage to my motorcycle and gear. There were no witnesses but the police were called and responded. They interviewed me and the other party and the police report indicates the other party at fault for an unsafe lane change. I filed a claim with their insurance company who is currently investigating liability (they indicated that liability is disputed).
My question is: How long does a liability decision usually take? Am I entitled to know the progress of my claim, if so, by when? Should I send a demand letter for damages now or wait for a liability decision before proceeding? Is there a certain time by which they must alert me that they have accepted or denied my claim?
I am also wondering in general how aggressive to be with this guy's insurance company (is there any way to speed them up?). It of course appears to me very clear I was riding in the right lane and the other motorist carelessly merged into me (where the accident took place there is a cement wall rather than any shoulder, so there is no room to maneuver) but I wonder since there were no direct witnesses how strong the police report is as support.
Lastly, I did approach a personal injury attorney who recommended based on the case facts that I just proceed with the claim through his insurance rather than go through an attorney since 1) it seemed to him very clear the other party was at fault and 2) since the amount of the claim is small it may not be worth to hire a lawyer for a $15K claim, and only receive $10K vs. just receiving $10K on my own. He did offer to take my case either way and I was referred to him by one of his close associates so I feel his information was accurate. Is this wrong and should I go through a lawyer immediately?
Hi All,
On 3/28/2014 I was hit while on a motorcycle by another motorist who merged into my lane. I sustained a fractured rib and road rash plus damage to my motorcycle and gear. There were no witnesses but the police were called and responded. They interviewed me and the other party and the police report indicates the other party at fault for an unsafe lane change. I filed a claim with their insurance company who is currently investigating liability (they indicated that liability is disputed).
My question is: How long does a liability decision usually take? Am I entitled to know the progress of my claim, if so, by when? Should I send a demand letter for damages now or wait for a liability decision before proceeding? Is there a certain time by which they must alert me that they have accepted or denied my claim?
I am also wondering in general how aggressive to be with this guy's insurance company (is there any way to speed them up?). It of course appears to me very clear I was riding in the right lane and the other motorist carelessly merged into me (where the accident took place there is a cement wall rather than any shoulder, so there is no room to maneuver) but I wonder since there were no direct witnesses how strong the police report is as support.
Lastly, I did approach a personal injury attorney who recommended based on the case facts that I just proceed with the claim through his insurance rather than go through an attorney since 1) it seemed to him very clear the other party was at fault and 2) since the amount of the claim is small it may not be worth to hire a lawyer for a $15K claim, and only receive $10K vs. just receiving $10K on my own. He did offer to take my case either way and I was referred to him by one of his close associates so I feel his information was accurate. Is this wrong and should I go through a lawyer immediately?
