- Jurisdiction
- California
I was hit by a driver who dented my car (no injuries). She gave me expired insurance policy info, which I only found out when I made a claim and they said she was no longer covered. Her insurance card had her father's name on it. I then sued the driver in small claims court, naming her father as a second defendant, as I *mistakenly* thought he was a co-owner of the driver's car (which he wasn't--it turned out, the mother was).
A few weeks before the trial, I was contacted by a different insurance company (Kemper Insurance), inquiring about the case. The adjuster requested a copy of the small claims Complaint, so I provided it, then heard nothing back. Then several weeks later, a couple days before the trial, I got a letter from the insurance company, asking that I contact them. On the letter it says "Named insured: (father's name). I called the adjuster who requested photos of the damage to process the claim. But since the trial was that same week, I didn't send them photos (because what would be the point if I prevailed in court, right?). I went to the trial and won a judgment for the full amount I was seeking (about $4300). HOWEVER, at the start of the trial, I told the judge that the father could be dismissed, since he wasn't an owner of the car, and I'd named him as defendant by mistake (I thought). So the judge dismissed the father. Now the daughter, the driver, is the sole defendant.
After getting the judgement I waited 30 days to allow defendant time to appeal. No appeal was filed, so I called & emailed the claims adjuster I'd spoken with, but haven't received any response, and when I entered the claim # in their phone system, the automated voice said they couldn't locate the claim.
So I'm trying to figure out if the policyholder-father being dismissed from the case could have any bearing in the insurance's willingness to pay the claim or not? It's been impossible to get anyone on the phone there. So I don't know if I should begin collection proceedings against the daughter (the driver) or what. If she (the driver) were covered under his policy, and they were initially going to pay the claim, would it make any difference if the father was dismissed from the case and the judgment is exclusively against the daughter? I mean, i assume they wouldn't have given any thought to paying the claim in the first place if there was no obligation to do so, ie if she weren't covered.
What should my next step(s) be?
A few weeks before the trial, I was contacted by a different insurance company (Kemper Insurance), inquiring about the case. The adjuster requested a copy of the small claims Complaint, so I provided it, then heard nothing back. Then several weeks later, a couple days before the trial, I got a letter from the insurance company, asking that I contact them. On the letter it says "Named insured: (father's name). I called the adjuster who requested photos of the damage to process the claim. But since the trial was that same week, I didn't send them photos (because what would be the point if I prevailed in court, right?). I went to the trial and won a judgment for the full amount I was seeking (about $4300). HOWEVER, at the start of the trial, I told the judge that the father could be dismissed, since he wasn't an owner of the car, and I'd named him as defendant by mistake (I thought). So the judge dismissed the father. Now the daughter, the driver, is the sole defendant.
After getting the judgement I waited 30 days to allow defendant time to appeal. No appeal was filed, so I called & emailed the claims adjuster I'd spoken with, but haven't received any response, and when I entered the claim # in their phone system, the automated voice said they couldn't locate the claim.
So I'm trying to figure out if the policyholder-father being dismissed from the case could have any bearing in the insurance's willingness to pay the claim or not? It's been impossible to get anyone on the phone there. So I don't know if I should begin collection proceedings against the daughter (the driver) or what. If she (the driver) were covered under his policy, and they were initially going to pay the claim, would it make any difference if the father was dismissed from the case and the judgment is exclusively against the daughter? I mean, i assume they wouldn't have given any thought to paying the claim in the first place if there was no obligation to do so, ie if she weren't covered.
What should my next step(s) be?
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