Auto Insurance Claims: small claims what next, california department of insurance, small claims court


Question
HI i was involved in an accident a truck drivers tow hitch was incorrectly attached to his trailor and fell off in the middle of a highway in california. he was cited by the highway patrol for incorrectly attaching his tow hitch. he works for a truck driving company. they tried to say i was at 50% at fault because i was traveling to fast for prevailing conditions not a sign of bad weather. i didn't even get a settlement offer. i sued them in small claims court the driver and the trucking company. the manager of the company was there but the driver was not, which doesn't make since. the company tried to argue but the judge wouldn't even hear it he said if the bed of the truck wasn't in the middle of highway 99 then the accident wouldn't have happened he decided the judgement in my favor for 7500.00 the max the company even said their insurance company tried to offer %50 which they never did it has been two years. so in any case i won. when if ever will i get my settlement. i have seen so much bad news on the net about getting your judgement for small claims court. who is responsible the insurance company or the business which is  a trucking business located throughout the U.S. thanks

Answer
Hi Carrie,
Your question isn't clear regarding the insurance company.  Did you file a claim directly against them or simply file with the trucking
company and have them notify the insurance company.

Your next step is to send a copy of the judgement to the trucking
company's insurance carrier with a demand for payment.  If you never filed a claim direct with the insurance company, you may need to get their information from the manager.

If you do not receive a reply within 2-3 weeks, then you should file a complaint with the California Department of Insurance by calling
1-800-927-4357.

If, for some reason, you are unable to collect from the insurance company then you can file a lien against the trucking company and also against the manager that appeared in court.

I hope that you find this information useful.  Your feedback by rating my response will be appreciated.

Please write again if you feel that I can be of more assistance.

Sincerely,
Bennie
San Francisco Bay Area