Insurance company would not pay damages

[ihot]

What is the name of your state (only U.S. law)? California
Hi,

We were driving on a freeway when we felt the front of Tim's truck hit the back left side of our car. We took down his license plate number. He drove along side us briefly then took off. His insurance company claims that he is not returning their calls, so they ask us to sue hitter Tim in small claims court.
Well, what do we do now? AAA does not want to pay for damages.What is the name of your state (only U.S. law)?

 

[ecmst12]

File suit in small claims court. This should encourage him to cooperate with his insurance company.

 

[ihot]

I thought the insurance company is dodging their responsibility

Hi,
When TIM's insurance company told us to sue TIM in small claims court, we thought the insurance company is dodging their responsibility. By ignoring us, they don't have to pay for damages that TIM inflicted on us. Now you are saying that they are recommending the correct procedure.
So what if he shows up in court and loses? What if he shows up in court and wins? What are the next steps in each of these scenarios?

 

[ecmst12]

When you sue him, his insurance company will provide for his defense. Like I said, hopefully he will be inspired to call them when he is served the papers, he will cooperate with their investigation and admit fault, and they will pay you before court even happens.

If he denies that he hit you, you will go to court and have to prove he did it. His insurance company will assist in his defense, they will assign him a lawyer either to represent him in court if allowed in your state, or to advise him if not. If you win, his insurance will pay the judgement (up to his policy limits). If you lose, you lose - you are out the cost to repair your vehicle and the filing fees.

They are absolutely NOT dodging their responsibility. They have a duty to defend their insured and not to pay out claims until they complete their investigation (including getting their insured's side of the story). They would be failing in that duty if they paid you without talking to him - even if it's because he's been dodging their calls.

 

[ihot]

How can I get my insurance company to help?

Thanks for great info. Wow, what a hassle.
Couple more questions:
1) How can I get my insurance company to help in my court case? Better yet, can I ask them to sue on my behalf and send me their lawyers? In USA, the only who can afford best lawyers win. I only have liability insurance. I thought you are not allowed to hire a lawyer in small claims court. It will not be fair if he brings lawyer and we can't.

2)
How to prove Tim hit me? It was a case of hit and run. However, my boyfriend was driving and I was passenger. I am owner of my Toyota. We both chased him and I wrote down his license plate.

3) where do I file small claim? I was visiting San Jose where it happened but I live in Los Angeles.

 

[startedone]

Thanks for great info. Wow, what a hassle.
.

welcome to life

 

[ShyCat]

1) How can I get my insurance company to help in my court case? Better yet, can I ask them to sue on my behalf and send me their lawyers? In USA, the only who can afford best lawyers win. I only have liability insurance. I thought you are not allowed to hire a lawyer in small claims court. It will not be fair if he brings lawyer and we can't.

You cannot compel your insurance company to provide coverage you did not pay for. You only paid for liability coverage, that's all you get. To cover damages to your own car, you would have had to pay for collision/comprehensive coverage.

I don't know about lawyers in small claims courts in CA, so I can't address that.

2) How to prove Tim hit me? It was a case of hit and run. However, my boyfriend was driving and I was passenger. I am owner of my Toyota. We both chased him and I wrote down his license plate.

Absent independent witnesses, "he said/she said" cases are often determined by which story is deemed more credible by the judge.

3) where do I file small claim? I was visiting San Jose where it happened but I live in Los Angeles.

You'll have to file where the accident occurred.