If I was involved in a hit-and-run where the other driver is liable, how do I get her insurance to pay us out?

UPDATED: May 19, 2012

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If I was involved in a hit-and-run where the other driver is liable, how do I get her insurance to pay us out?

She blew a red and our car is totalled. Her insurance company is trying to blow us off and not pay for this incident (their excuse is they don’t have the police report, but the Oakland Traffic Division says that it is available. Her insurance adjusters claimed they ordered it almost a month ago). There were no serious injuries so every attorney I’ve talked to says it is not worth it for them to take the case. Meanwhile my girlfriend lost her job and I’m having difficulty supporting us on just my disability payments; also having no car makes everything harder, including my g/f finding a new job. What is our best course of action?

Asked on May 19, 2012 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can obtain the police report directly from the police department and send a copy to the insurance adjuster.  If the insurance company coninues its delays, you can tell it that you will file a lawsuit against their insured (the at-fault party) for negligence.  You can also tell the insurance adjuster that you will file a complaint with the California Insurance Commissioner regarding the insurance company's failure to respond and failure to proceed with your claim.

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