Should I seek legal help or sit tight regArding a car accident case?

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Should I seek legal help or sit tight regArding a car accident case?

About 3 weeks ago, my parked car was hit by a teen with a suspended license. Furthermore, the car was not his and the owner of the car is claiming he is not family and not a friend. My parents have me on their policy but at the time, had let the coverage lapse so as a result, I must deal with the other insurance company on my own. They’ve determined the cost of repairs is more than the worth of my car so it’s been totaled. I’ve had a rental for 2 weeks and week three is coming up. It has been three weeks since the accident and they are “still investigating” indefinitely.

Asked on August 24, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you deem that the other driver was at fault--and from what you write, he most likely was--you could sue his family (since if he is a minor, his parents are liable for his wrongful acts) for any costs or losses you've incurred which are not otherwise paid for, such as by insurance. You also do not need to take at face value his insurer's position as to what they will pay for or not--his insurer is NOT your insurer, and does not owe a duty to you. It will try to pay the least it can. Therefore, from what you write, it would be good idea to meet with an attorney (many provide a free initial consultation--you can ask before meeting if a laywer does this) to see what your options are and what you might be entitled to.


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