Legal Question in Personal Injury in California

can an car insurance company close an injury case when it not settle yet?

I didn't like their offer and they said they can close the case


Asked on 12/20/12, 2:58 pm

4 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

They can close their OWN file, but that doesn't really mean anything (insurance companies don't REALLY close their files until the claim is completely resolved). All they really mean is that they are done talking to you about the case. It's another way of saying "take it or leave it." If you don't like their offer, your only alternative is to hire a lawyer and sue them. Give me a call and I'll tell you whether or not that's a good idea: (877) LION FOR LAW (877-546-6367)

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Answered on 12/20/12, 3:27 pm
David Lupoff Law Offices of David B. Lupoff

There is a 2 year statute of limitations with regards to personal injury cases. Without knowing anything more than what you provided in your question, the insurance company's response was either, "We're done speaking, good luck," or, "Your case has now been open for longer than 2 years....have a good day." If your case applies to the latter of the two, then you are done. If the former, then I recommend contacting an attorney. Please feel free to contact me at 1.877.505.INJURY (4658)

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Answered on 12/20/12, 3:38 pm

The answers you have received are mostly correct. You need to bear in mind, however, that you have NO rights against the other person's insurance company. Their obligation is ONLY to their customer. They have no legal obligation to deal with you at all except to defend lawsuits against their customer and pay any judgment you might get. If they choose to negotiate and settle with you before you sue or after, that is between them and their customer. They owe YOU no duty even to talk to you and they can stop talking to you whenever they want and close their file. If you sue they will reopen it - if you sue within the statute of limitations that is.

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Answered on 12/20/12, 4:40 pm
Michael Stone-Molloy The Lion's Law Office

If you haven't yet hired a lawyer, you should! Give me a call. There's no obligation and the consult is free. (877) LION FOR LAW (546-6367)

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Answered on 12/21/12, 6:40 pm


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