Can I call someone whom I had a car accident with if they have a lawyer?

by Bill
(Claremont, CA)

Another person ran a red light at an intersection while I was driving through. My light was green and we collided. Her insurance company has kept me waiting for their decision for over a month now, claiming that her lawyer has a scheduling conflict in giving her statement.

Can I legally call her from the phone # the police gave me and politely ask her to to intervene? Is there anything else I can do to get the case moving? I need to get the compensation so I can get on with my life and repair the car. By the way, the police report states that she was at fault. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I call someone whom I had a car accident with if they have a lawyer?":

Bill (Claremont, CA):

You have every legal right to call the at-fault driver and speak with him, or her. However, the at-fault driver is not under an obligation to speak with you. Be sure if you do call, and the driver declines to speak with you, do not to continue to call. Doing so might be considered harassment.

In some cases, depending upon the number of unwanted calls made, the person making the calls can be arrested for the crime of harassment.

The facts you present don't indicate whether you were injured in the collision, and if so, how seriously. If your injuries were serious, including fracture, deep gashes requiring stitches, head trauma, spinal injury, or other serious injury, contact a personal injury attorney in your area.

These types of cases should always be handled by an experienced personal injury attorney. An attorney can quickly get the insurance company’s attention.

However, if your injuries were not serious, or your only loss was property damage, you will have to continue to handle the claim yourself. If that's the case, your only recourse is to continue to contact the insurance claim adjuster in an effort to receive a settlement offer. If they continue to ignore you, you can file a complaint with your state insurance board.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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