Legal Question in Personal Injury in California

Involved in an automobile accident and need advice

I was involved in a MVA in California in July. I have since moved to New York. I have tried numerous times to contact the insurance company, but they do not return my calls. The other party is a used car dealership, and the accident occured as a result of his pulling out of a drive way and not properly observing. Anyway my question is this, at the time of the accident I experienced no pain, but a couple of days later I started developing lower back pain which has gotten worse over the last couple of months. I am not disabilitated or anything but I am worried because the pain has gotten worse. Do I still have a case against these people? Since they do not return my phonecalls I have no way to contact them or collect. How can I get them to at least acknowledge me?


Asked on 9/17/97, 5:20 pm

2 Answers from Attorneys

David Austin Burke & Eisner, P.A.

Auto Accident reply

1. Do you have your own insurance for this accident? If so you may be able to get some medical treatment for your pain.

2. I would ask around in your area and find an attorney that someone you trust recommends. Usually the first meeting would be free. You need to get someone who will review all of the facts surrounding your case and see what he or she advises.

3. In New Hampshire, where I work, the insurance companies are giiven a certain time period to respond to claims. Check with the attorney in number 2 or call the insurance department in your state and see what they suggest.

4. If your case needs to be tried in CA then I think you need to act quickly because CA has a short statute of limitations.

If you are interestedin pursuing a claim then don't let this sit around. Make some calls soon, so you have a better chance of recovery.

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Answered on 9/17/97, 7:01 pm
Michael Kushner Law Offices of Michael F. Kushner, A Prof. Corp

Yes you have a case.

California has a 1 year statute of limitations in which to settle your claim or file a lawsuit.

Insurance companies who ignore the injured party will respond to the attorney representing an injured party.

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Answered on 9/17/97, 11:26 pm


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