Legal Question in Personal Injury in California
Hello
Please read carefully and answer accordingly.
My car was totaled in July of 2010. My parked car (along with 3 others) was rammed by another car. I didn't have insurance because I was away in Europe for more than 6 months at that time.
The guilty party's insurance company (based in Georgia) awarded me $1600 for the damage. There were 3 other cars involved in the accident. I signed the award acceptance letter.
Every 3 weeks I get a letter from the ins. co telling me that they are still waiting for the other victim's signatures in order to pay me.
Questions: How long can they postpone paying me?
Is there a legal time limit within which they have to pay?
What happens if one of the other 3 refuses to sign the release liability form?
What does waiting for others have to do with paying my share?
If the ins.co is trying to drag this out forever what can I do besides report them
to Better Business Bureau?
3 Answers from Attorneys
1. Forever, unless you do something about it.
2. Yes.
3. Who cares?
4. Nothing. It's typical insurance company BS.
5. Sue the guilty party in small claims court.
6. Forget the Better Business Bureau.
Mr. Stone is right on all points. I just write to add that the insurance company owes you absolutely nothing. Their duty is to their insured. You have no rights against the other person's insurance company, which is why the BBB wouldn't care, nor would any other organization, or government authority. Your rights are against the guilty party only. If their insurance company doesn't want to pay promptly, your only option is to sue the guilty party.
I disagree with the other answers to a detain extent. The release you signed can be enforced and reduced to a judgment. Sue the other car's driver and the insurance company in Small Claims court. Sue the other party for negligence and the insurance company for breach of contract. The reason the insurance company does not want to pay is that they have limited insurance and want to make sure their insured is protected.
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