Expert: Ron Cercone - 7/24/2009

Question
Someone hit my daughter's parked car at college. When the peron who hit her car insurance company was notified they informed me that they don't have any phone numbers for their client and it would be best for my company to pay the claim and sue for the money. Is it legal for a company not to have information about their clients or is this just a ploy. What should I do?

Answer
Hello Kathy,

I don't know if its legal or not. In California, unless the other driver turned in the claim to their insurance company, that other company does not have to even communicate with you. Either you or your own insurer would have to sue the driver and vehicle owner of that other car. If the other driver then fails to report the lawsuit to his/her insurer, then if that person looses in court, their insurance company would not owe anything, it would be up to the other driver to pay your damages. In my opinion, once you file a lawsuit, that will motivate the other driver to turn in the claim to their insurer.

Now you could subpoena the other insurance company for the phone numbers and address, etc. if a lawsuit was filed. You can even do this in a small claims court case. The small claims court clerk will give you the subpoena forms to fill out and the judge will sign them and mail them to the insurer.

If your car is a total loss, consider an eBook at UClaim.com to help you get a fair settlement.