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Expert: - 10/6/2009


Question
I was without insurance and in an accident. The other party smashed into my truck in the middle of the intersection. The car owner was not the driver, but he took me to small claims court. I thought I had insurance I did not. The other party was held 40% responsible due to witness and I was held 60%. Now two years later the insurance company is stating their client has had injury claims. So, the insurance company wants to sue? Do I have options based on the previous lawsuit? The other party stated in court they had no injuries and an ambulance wad not needed. Thank you.

Answer
Sonya, I'm not an expert on liability, but I suspect that the other driver, and his representative, his insurer, are only allowed to sue once, and the time to appeal is past. Check with a lawyer or the "small claims advisor" (free lawyer) or the court clerk.

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Ron Cercone

Expertise

How to handle automobile total loss claims. I am the president of UClaim.com, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.

Experience

I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.

Organizations
CAPIA (California Association of Public Adjusters).

Education/Credentials
BA 1975 in History and Industrial Arts. Full CV at UClaim.com .

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