Legal Question in Insurance Law in California
How long does an insurance company have to accept liability for a car accident?
I was rear-ended a month ago. The other driver has auto insurance, but his insurance company has not yet accepted liability for the accident. My car has been repaired, but paying the $1000 deductable was a financial hardship, and I need to be reimbursed as soon as possible. How long does the other driver's insurance company have to accept liability? What ensures that the company will accept liability?
2 Answers from Attorneys
Re: How long does an insurance company have to accept liability for a car accide
There is no time limit. Ask your own company what is going on - they will be seeking reimbursement of their own expenses and most major insurers will also seek their insured's deductible payment too. Don't forget to demand your rental expenses (or loss of use, or other transportation costs) while repairs were being made
If you cannot wait, sue the defendant in small claims and don't wait for his company to "accept" liability, which they may well not do. You need not wait to sue the defendant.
Re: How long does an insurance company have to accept liability for a car accide
If your insurance company paid for repairs over the $1,000 deductible, ask your agent if they will try to recover their costs and your deductible from the other insurance company. If so, you may not have to sue in small claims court yourself.
An action for property damage usually must be filed within 3 years from the date of the loss. If you were hurt, you have only 1 year to sue.
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