I was in a car accident in San Diego county, California with no insurance. The other guy’s insurance is denying liability even though he ran a red light.

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I was in a car accident in San Diego county, California with no insurance. The other guy’s insurance is denying liability even though he ran a red light.

A month ago, I was involved in a car accident when my car was struck in an intersection in San Diego county, CA by a driver coming from my left. I was forced off the road and knocked over a traffic light, which damaged two other cars parked in a parking lot. Police came and filed a report. No one was injured. The damages are extensive, as both my car and the other driver’s car were pretty much totaled; in addition to damages to the traffic light and other vehicles. I have not yet seen the police report, but when I called the other party’s insurance today, and they said they are not accepting liability. I know he ran a red light. What should I do now?

Asked on June 2, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Regarding the car accident in San Diego, CA, the insurance company for the at-fault driver will not accept liability until they have to.  Once the police report is ready, get a copy of it, and send a copy to the other driver's insurer along with a letter pointing out his liability.  If there were any witnesses, make sure you contact them, too.  If you have no insurance, you will have to wait for the at-fault driver's insurer to handle your damages (along with everyone else's).  By the way, it is mandatory in California to have insurance.  Make sure you buy some when you replace your car!


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