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How long does an Insurance co. in california have to determine fault in a traffic accident?


I had a 17yr old girl back into me while she was pulling out of her friends driveway. She lied and told her insurance company I drove up the street and rear ended her (insert joke here). Anyhow, her insurance company just cant seem to get an estimate from this girl and it's been 22 days since the accident. I had my estimate done 2 days after the accident. The bottom line is, I called the police (no report was filed but the call record is from me) and I contacted her insurance first (she STILL hasn't contacted mine . . . kinda suspect especially since she claims it was my fault). She is in the wrong, will be found at fault, but seems to be dodging the fact she has to go in for an estimate so they can determine liability. Her insurance company said they can't put any pressure on her to go in for the estimate. This is BS! Can someone help me?

The company is supposed to determine fault as soon as they have enough information to do so. I assume that they want to know her damage to see if the physical damage is more consistent with her story or yours, however, they don't have to wait for her to get an estimate - they have a right to examine her vehicle and prepare their own estimate of the damage.

Unfortunately, as you are not their insured you have little leverage other than getting an attorney and filing suit. You don't say if you were injured. If you weren't, it probably won't be worthwhile. If you have coverage, submit the claim to your company. They'll repair your car and go after her insurer for reimbursement. If you don't have coverage, and the damage is less that $5,000 (or it might be $7,500), file a suit against her in Small Claims Court. That should get some action.

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