Auto Insurance Claims: Negotiating with Insurance Company after Attorney Left, sound business sense, wrecking yard

Question
My son was T-boned in May 2007.  The driver was from out of state in a rental car and ran a red light.  A sheriff was present at the intersection but wasn't watching.  His presence caused witnesses to drive off believing he saw it all.  We found witnesses the next day because an employee of the gas station on the corner and a friend of that employer were in the lanes right in front of the sheriff.  Problem now is that my son's injuries were not long term and the attorney thought it was not sound business sense to take whatever the award might be away from my son and he could handle it himself.  We live in SoCal and my son had an older car that did not have comp and collision, so his insurance company is not in the picture.  The cars were totaled BUT the out-of-state driver's nationally known insurance company has never looked at the car.  After 5 months I had to get rid of the car, it was disintegrating in my driveway.  I got an estimate for repair and sold the wreck to a wrecking yard.  We have a signed statement from the witness but the other driver still wants to fight it.  It's 7 months later how can I recover the medical bills and car's depreciated value?  The attorney says take it to small claims, but I don't think that will cover the bills.  Will the insurance company negotiate with us and how fair might we expect them to  be given the circumstances?

Answer
Hi Chick-

Usually insurance companies are fairly quick to determine fault by now.  The property damage is usually settled within a few weeks.  They usually take a statement from both parties and look at both cars and make a determination. The other driver may be claiming your son ran the red light, so hopefully your witness is enough to help you get a ruling in your favor.  The injury claims usually take a year or two depending on how long the injured person is treating.  If your son is finished treating, they should at least be starting the process.  

I would recommend you call them and make get an update on what's going on.  They should offer a fair value for what the car is worth and should cover the medical costs plus 2-3 times medical bills for pain and suffering.

If that doesn't work, you may have to find another attorney.  Ask everyone you know, until you get a good referral to someone.  I think there are attornies out there that will take even a small injury case.  

Sheldon Maughan
Sacramento, Ca