Legal Question in Insurance Law in California

I was hit by a car in and exchanged insurance and vehicle information at the scene of the accident. However, for the past 10 days, the other party's insurance company has not been able to get in touch with her and neither have I. My insurance company refuses to do anything because I don't have collision coverage. The other party's insurance says that they will not determine liability until they get her statement and may refuse coverage all together if they can't get in touch with her. I have 3rd party witness corroborating my story. Can I compel the insurance company to make a decision? If I file in small claims court, should I name both the driver and her insurance company as defendants? Can I file the case in the county I live in or does it have to be where the accident occurred?

Asked on 5/20/13, 2:44 am

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1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You cannot compel the insurance company to do anything. They are her insurance company, not yours. She may owe you compensation, but they don't. They only owe HER legal defense and reimbursement if you win (in reality they will pay you directly, but that is the legal relationship). For that reason, there is no right to name the insurance company, only the driver. You must file in the county where the accident occurred or if the driver lives in a different county than the accident, you could file there too.

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Answered on 5/20/13, 11:47 am

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