by jim.katy » Mon Dec 13, 2010 03:30 pm
I live in california can I take a car insurance company to small claims court? The insurance company denied my claim, (I would take the at fault driver to small claims but I have no address to serve them or send a demand letter). The other driver was at fault but his insurance company says there is a difference in our statements so they have to take the word of their insured vs. my word. I think they acted in bad faith and did not carry out a proper investigation would this be a valid claim in small claims court? I want to take the at fault drivers insurance company (not my own) to small claims for the damages to my car.
Posted: Mon Dec 13, 2010 03:40 pm Post Subject:
can I take a car insurance company to small claims court?
NO. The only parties to a Small Claims Court action are the parties actually involved in the dispute. You can only sue the driver and/or owner of the vehicle involved in the collision (or both) -- not their insurance companies.
Just because you don't have the other party's address doesn't mean you can't find it. There are many ways of locating the whereabouts of such a person, including filing a request for the information with the DMV, which is your right if you have been involved in a collision with a person licensed to drive in California, or a vehicle registered in California. If you know who his insurance company is and have his policy number, a strongly worded letter might convince them to provide his address of record (the letter might have to come on an attorney's letterhead to be compelling).
May I ask why you did not copy the information from this person's driver license or vehicle registration at the time of the collision?
Posted: Mon Dec 13, 2010 03:59 pm Post Subject: thanks....here is a little more information
Thanks for the information I am still trying to locate the other driver but have not had much luck yet. His insurance company will not relase the information. And the information I found on the DMV website indicated they would not release that type of information to me but I guess I will send in a request and hope for the best. The only information I have on the guy is his name. It a long story but I didn't get to get his information because he left the accident without allowing me to take it down. At one point he ripped his insurance information out of my hands and threw mine back at me. I had called to get the police to come but they would not, he too called to have the police come but they would not. Then when I was trying to take some pictures he just left without saying anything. I did not have his license plate or any information so the police would not come. I couldn't even file a claim but I did make a police report and report the accident to the dmv. Luckily the guy put in a claim and that is how I got the contacts I have now. My insurance company ruled him fully at fault and they were investigating him for insurance fraud. His company says that they cannot legally relase any of his information to me. The guy origianlly was claiming bodily injury and retained a lawyer, but I heard his lawyer droped him and neither companys ended up paying anyone. This has been a nightmare, the damages are only around under $2000 but I was not at fault and dont think it is fair that the insurance company can just take his word against mine when the damages clearly show he was at fault (plus this guy has a history of insurance fraud) :-(
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