Auto Insurance Claims: Drunk driver hit me and their insurance refuses to pay for damages., fred loya, insurance board


Question
It's been over 3 months since a drunk driver slammed the front of my car and their insurance company (Fred loya) has been giving me the run around since, telling me I have to wait 30 days then 60 days then 90 days.  Another vehicle was involved in the accident (a tour bus) and Fred loya says that in order to fix my vehicle they need to contact the bus company which unfortunately is extremely hard to do because the bus company is in Mexico.  As someone who is making a full effort to get this resolved and have been waiting to get my vehicle fixed, how long do they legally have?  I live in california and this is the first major accident I have been in and according to the police report the other driver was arrested with DUI and felony hit and run.  Please help, thanks!

Answer
Dan,

Unfortunately, there is no outside time limit placed on the other insurance carrier.  The only real way to force their hand is to bring a lawsuit against their insured (the other driver/owner).  The court would then impose some time limits on the defendant and force them to respond within certain periods of time.

For what it's worth, I don't understand why they need to contact the bus company.  Their insured was drunk and presumably at fault.  They should adjust your claim for damages and fix your car.  I just don't see what role the bus would play in settling your claim...

You could threaten to contact the California State Insurance Board regarding the delay.

Best regards.

Ernest Ferraro