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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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