Legal Question in Insurance Law in California

While driving my car I was hit by a city bus, there was some damage to my car and no injuries. I filed the claim myself with the bus company, they admitted liability but disagreed over the amount the amount of the estimates. They wanted to give me less, claiming that they renegotiated with the body shop to find used parts for my car instead of brand new ones. I disagreed and they sent a notice of rejection. The rejection notes seeing Government section 945.6 about a six month time limit.

I let the issue sit on my desk for too long. I called the claim manager listed on the rejection form before the six months were up, just before. She hasn't returned my calls and now it is beyond the six months. I am wondering if she will ever call me back? and if there is anything else I can do from this point. Thank you!


Asked on 6/17/10, 9:20 am

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Oops. You could try pounding out the dent with a hammer.

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Answered on 6/17/10, 12:28 pm
Steven Murray Steven W. Murray, APC

Look at G.C. sec. 911.4, you can petition the agency to file a late claim. It should be no big deal since the claim purpose is to give the agency notice of the facts of the event, which it had.

If that is denied, see G.C. 946.6 about having a court allow the late filing. These are detailed and technical requirements, so be careful. Good luck.

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Answered on 6/17/10, 1:03 pm

You should have made a claim to your insurance company and let them handle it. People mistakenly think that if they don't report a not-at-fault accident their insurance is not affected. Accidents with property damage over a certain dollar amount must be reported to the DMV. The at-fault party or their insurance company will report it even if you don't. So your insurance company knows about it when they check your record at renewal time anyway. May as well let them earn their premiums.

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Answered on 6/17/10, 3:07 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I don't agree with attorney Murray. The sections he cites are for people who didn't present a claim to the public entity. You did. The statute of limitations after rejection is 6 months. The abbreviation of Statute of Limitations is SOL, which stands for Out of Luck.

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Answered on 6/17/10, 5:23 pm


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