QuestionI am a bicyclist who was rear ended by Ford Explorer last October. The driver was ticketed by the CA police but his insurance company is only accepting 50% liability. I have about $7,000 in property damage and to date $6,000 in medical bills. The insurance adjuster claims their insured has a completely different story, so they are accepting 50% only. Logically, they should accept 0% if they believe their insured.
There was one witness, but they have not responded to attempted contacts by my lawyer. It seems that the police report is not used at all in determining liability even thought the witness statement attests to the rear end collision (car versus bike!) as do the location of my injuries and damage to my bicycle.
It has been 7 months and the insurance company has still neglected to even inspect my damaged property. Can I sue these bastards for unfair settlement claims practices? Is liability completely contingent on a witness? What is the best way to pursue a complaint to the Department of Insurance - wait until the claim is settled or start the process now?
What is the best way to let law makers know that a 15/30/5 minimum liability insurance policy is morally inappropriate since insurance companies are not liable to pay out the fair value of claims? Is there a petition or group of angry hurt people whom I can join to send a louder message to law makers that people are being hurt and killed every day and the cost of a human life is valued at a maximum of $15,000 under these policies?
Thank you so much for any information and links you can provide.
Sean
AnswerHi Sean,
Insurance companies often try to place proportional blame so that they can save money. In most cases the amount of difference is not enough to justify a court case and they know that. In this case I think the amount does justify a court case. Don't bother to file a complaint with the insurance commissioners office. They primarily can only help when your dispute is with your own insurance company.
If your attorney is unable to resolve this through negotiation, the only next step would be to file suit against the at-fault driver not the insurance company. The person who hit you is the one responsible for your damages. His insurance company will defend him as part of his policy. Your law suit would have two aspects. First you would have to precent your case so that the judge could determine liability (who was at fault and at what percentages). The you would present your case for property danage and injuries. If the judge finds in your favor on the liability issue and then awards an amount of money, it would be the insurance company that would have to write the check but only up to their policy limits. You must be patient and let your attorney do his/her job. I know it seems like a long time to you but I have seen these things take 2 years or longer.
As for the minimal policy limits in California, you should write letters to your state representitives and the Governor. California has the lowest policy limits in the country. The primary reason for this is due to preasure from businesses that hire low wage and in many cases illegal aliens so that can can afford to purchase at least a minimal amount of coverage. If the state increased the minimum coverage the cost would go up which would cause many of these people to no buy insurance at all. I feel this is a rediculous argument but it is what it is.
I hope this helps
Richard Hixenbaugh
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