What can I do if my insurance company did not pay the other driver and other driver is suing me, and my insurance is not responding well?

UPDATED: Oct 1, 2022

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What can I do if my insurance company did not pay the other driver and other driver is suing me, and my insurance is not responding well?

I had an accident almost a year ago. It was considered as my fault. My insurance company was ready to pay certain amount but other driver denied the offer and now she is suing me. I contacted my insurer but they are not responding well. Mostly they do not pick up the phone or say that they are working on it. In this situation how can I take action legally to settle my problem?

Asked on November 8, 2017 under Accident Law, California


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

Answered 5 years ago | Contributor

Your insurance company will or has provided you with an attorney at no cost to you.  When your insurance company says it is "working on  it", or to "wait for their response", this means it is preparing an answer to the complaint.  The complaint is the lawsuit with which you were served.  Your insurance company has thirty days to file an answer to the complaint with the court and serve it on the opposing party.
Since the insurance company is representing you, you won't be able to take independent legal measures to settle the case yourself.  At this early stage of litigation, it is premature to expect settlement offers.  As the case proceeds through litigation, most likely there will be additional settlement offers to attempt to resolve the matter.

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 AttorneyPages.com 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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