I was in a car accident in California, and now I’m having problems w / insurance, what to do small claims?

Physical Therapy | admin | August 26, 2011 at 4:36 pm

Question by Monster : I was in a car accident in California, and now I’m having problems w / insurance, what to do small claims
I was involved in a hit and run accident w / a tractor Friday 6 / 4 on the freeway during rush hour going about 10-15 mph. The rear end of my time driver hit me several cars and the last time I hit, I was literally standing on my brakes and the truck was pushing my car (an Acura Integra) and I could hear my brakes squeal and smelt of burnt rubber. At that time I was afraid for my life without knowing why this person was continuously hit my car. I got the truck drivers plates and police found her later that day to his workplace and said he did not know he hit me. The police informed me that he would not be charged w / hit and run unless I can prove that he was aware of him hitting me. I went to the doctor Monday because of lower back pain and he sent me to physical therapy. When I called the insurance company of the other guys to make a claim, they put up with an expert who said she would call me back the next day. I have not heard from her for three days so I called back and was told I had a new expert, so I called and got voice mail that stated that it would not be back in his office until next week. I called back next week and after leaving many messages, I finally spoke to him and he said that according to my statement, the insurance company would pay for my car and medical bills, and called me the next day he spoke to his insurance company and let me know the plan. I sent him a quote and photos of my car. Then about a week later, he left a message on my voice mail and sent me by saying: Thank you for sending photos over. Essentially our problem now is that our driver refused to drop his story on you to cut and I can not ignore what I said. I want to avoid any hang ups on this issue and do not want you to feel like I’m ignoring your story. I know you said you had aggravated your back and that was a part of your complaint here. In an attempt to compromise the dispute, I want to take a picture with an offer I hope you could take. If I offered him a percentage of your damage that reflects the facts in dispute between the parties (as in I pay 50% of your property and 50% of your personal injury claim), I do not think you will find enjoyable. Accordingly, I would suggest that I pay 100% of your repairs, as well as a rental while it is in the shop in exchange for your complete release of all claims. My compromise is to pay for all your insured damage despite being angry and feel like I’m going against them and your compromise would be to waive a claim for damages. Please advise if this is an acceptable option. Also, if you have the police report, it sends more.The police report clearly states that it is 100% responsible, so I have some questions: I 1.Now proof that the driver had knowledge to hit me, how do I get charged w / hit and run? 2.The damage estimate for my car was $ 850 visual and talked to two lawyers who said they can not represent but I had to take it for a small claims court, so what should I do if I take him to small claims? 3.Because pain in my lower back, I can not stand more than 10 minutes and I can not walk very far or for long periods of time, so can I get pain and suffering? Best answer:
Answer by

StephenWeinstein
Talk to several lawyers. Find someone who can represent you.

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