You can sue the driver, not insurance

You must sue the driver, who has a contract with insurance to defend his lawsuit.  The insurance company did not crash your car, so you cannot sue insurance company.

The contradictory statements from the insurance company were unlikely to be fraud, it could be seen as negotiation tactics.  

Good luck. 

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you may file complaints to CA state dept of insurance -hello2002- 給 hello2002 發送悄悄話 (0 bytes) () 04/08/2019 postreply 12:27:28

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