Legal Question in Insurance Law in California

Help Please

I had my car in a repair shop, which was also the place where I bought my car. I had the car and it broke down about a month later, so I took it there to get it fixed. I was going to be responsible for the repairs. Three days after I called to see if my car was ready and they told me that their buisness had bee vandelized and burnt down. My car was totaled. I called my insurance company and filed a claim. I had full coverage insurance. I also called their insurance broker and filed a claim with them. Needless to say my insurance compant is not going to pay for it, because it was in the care of a repair shop and my claim was never filed to the other insurance company. I contacted the buisness owner and he said that they would not help me. So now I am stuck with a car payment and no car. I need help finding out who is respomsible and what kind of legal action to take. Thank you.


Asked on 7/27/05, 2:32 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Help Please

Your insurance company needs to handle this and then they can go after others who may be responsible.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Read more
Answered on 7/30/05, 11:28 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Help Please

Demand a statement from your carrier on why they are denying coverage. It sounds like the claims adjustor is being lazy. In a situation like this, the proper procedure is for your carrier to pay the damages and then seek reimbursement from the auto shop or the owner. Unless your carrier can point to a clause in your coverage that this claim is not covered, they should pay. You may need to retain a local attorney who has experience in bad faith litigation.

Read more
Answered on 7/30/05, 1:00 am


Related Questions & Answers

More Insurance Law questions and answers in California