Vehicle Damaged Liability Only

by Alex

I'm living in Oakland CA and have a questions about filing a claim for damage to my vehicle. Firstly I have liability only insurance as all my vehicles are paid for. One of my autos was hit while parked on the street. I got the information on the truck I thought was responsible and filed a claim with their insurance company.

It took a month for them to send an adjuster to investigate. Another month past before I got a letter stating they needed more time to inspect their insureds vehicle. After three months they finally tell me that they are not at fault.

They really have no interest in finding out what actually happened.

So who is supposed to advocate for me (liability only)?
What should I do to investigate from my end. All I need to do is show how the marks match up with the truck.


Thank you or the great resource.

Answer:

When you have liability only, you are basically insuring your own damage (both repairs and investigations of any and all claims). Since you are in no way liable, you insurance company will not get involved.

The insurance company has a duty to believe their client. If they do not find evidence that their client caused the accident (or a confession), then they will deny your claim. Your next step? Well, depending in how much money your damage is, you could file a claim in small claims court against the person you think hit you.

The problem is can you prove this person did hit you? How do you know it was this person and how do you know their insurance information? If you can prove this and win, then his/her insurance company must pay for all damage.

If the damage is more than the small claims limit, then you have to go through Superior Court, a more complicated process. Depending on how legal savvy you are, you could file yourself, or hire an attorney.

Good Luck,