California  |  Insurance Law

Legal Question

Asked on: 5/20/13, 2:44 am

I was hit by a car in and exchanged insurance and vehicle information at the scene of the accident. However, for the past 10 days, the other party's insurance company has not been able to get in touch with her and neither have I. My insurance company refuses to do anything because I don't have collision coverage. The other party's insurance says that they will not determine liability until they get her statement and may refuse coverage all together if they can't get in touch with her. I have 3rd party witness corroborating my story. Can I compel the insurance company to make a decision? If I file in small claims court, should I name both the driver and her insurance company as defendants? Can I file the case in the county I live in or does it have to be where the accident occurred?

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