Both parties have the same insurance company. They wont help me through because its a conflict of interest. What do I do?

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Both parties have the same insurance company. They wont help me through because its a conflict of interest. What do I do?

Was involved in a rear end collision. Other
party has the same insurance. Any time I try to
talk to aaa on my behalf they say its a conflict
of interest. I had 6000 in medical bills and they
offered me 5000 plus the medical bills paid.

Asked on December 17, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Ultimately, if you believe that they are not paying you what you are entitled to for your medical bills, car damage, lost wages, and "pain and suffering," your recourse is to sue the at-fault driver (you sue the driver, not the insurer): if you sue him and win, he and/or the insurer (some combination of them) will have to pay the full amount of losses, costs, and injuries, you can prove (at least up to the limits of his insurance policy). Of course, a lawsuit can be time consummng and costly, so if paid most of what is fair or reasonable, it's probably better to take the money than sue. It may be the same insurer on both sides, but you ignore that fact for the purposes of suing a driver who was at-fault injuring you: you sue him as if he had some other insurer.


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