Legal Question in Insurance Law in California

I am a deffendant in a claim suit with an insurance co. not my own. for damage caused to my building by a third party that run through the store front with a car the repair estimates are 50to 64 k the case is a documented loss .The deffence attorney is dragging the case out and is costing me time and money. the case is filled in superior court and my attorney is also uneffective to get the deffence to come to the table to settle or pay. and they drowing me with a lot of paper work. they want to bleed me finacialy and bully me around. during the time of mediation suggested by the judge they were made no effort to mediate in 3 moths suggested by the judge. First, I want to know if I am obligated by law to attend or go through mediation since I feel it is going to be waist of money for attorney fees with out any resolution after 5 years out and no offer to pay for the damage while the insurance co accepted liability to the damage. Do I have the right to by pass mediation and ask the court to set a trail date instead.Also can I set conditions by asking the defense to assure that they are willing to pay the minimum amount of the estimate for the repairs and expecting them to do so if I would agree to tend to mediation. What do you advise me to do. other than get another attorney since my funds and budget has being drained by my present attorney with no progress.just going around in circles.with lots of paper work.

Thank you for your advise. Sincerely, ted papan

Asked on 6/01/11, 10:38 pm

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1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

You are the plaintiff, a claimant whose property was damaged by a driver who is being defended by his own insuer. You are not suing his insurer, and it has the right to do what it wants as long as it does not harm its own insured. That is litigation. Mediation might work, and you can use the free court services if you are in LA. Confront your atty. and work out something, like a contingency arrangement.

You did not mention your own insurer on the building. Why not? You have a property damage claim which ought to be covered. What happened?

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Answered on 6/02/11, 10:58 am

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