Anyone know the California Auto Insurance laws well, and can claim other insurance without collusion coverage?


Question:
My car was hit by a drunk and hit-n-run driver. Although I have the police report with proof, the other insurance said they have to contact the insured first in order to determine whether to accept/deny my claim. This insurance company said the insured did not contact them and very conveniently do not have its insured's phone number. I personally found the insured's phone number and contacted him, and he told me he contacted his insurance already. The insurance company said he didn't, and will try to contact him with the number I gave to them. But the insurance company also said when they contacted the insured, they will decide whether his policy was effective or not. Help! It's been a month and I haven't fixed my car yet. My insurance is not doing anything because I don't have collusion coverage.

Answer:
Not having your own insurance to go after the other drivers insurance is always difficult. You may need to hire an insurance lawyer. If you have the police report that states the other driver was at fault, then you are in the right. It sounds like the other driver has a shady insurance company. Probably one of those last chance places that will insure anybody. His insurance should have repaired your car by now. Have you told the insurance company that you have the police report? If you have, and they have not responded to you, you need to obtain the services of a lawyer right away. You can always include your legal fees in the settlement with the insurance company.
You may have a problem and you should hire a lawyer immediately.
The other guy's insurance is not going to pay if he was indeed drunk. If he was drunk and it was a hit and run, it might void his policy.
Which means you will need the lawyer and go after him personally.
The good news is that it sounds like you have a valid claim and will almost certainly win the judgement.
The bad news is that the other guy may not have any money to give you.
But if you have uninsured/underinsured motorist coverage then you may still have a claim on your own insurance even if you don't have collision coverage because his insurance may have been voided by the fact it was a drunk hit and run accident.
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