If I had a guy hit me and it is his fault but he will not call his insurance company and does not pick up when they call, what can I do?

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If I had a guy hit me and it is his fault but he will not call his insurance company and does not pick up when they call, what can I do?

Asked on October 29, 2015 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue him. You can't force him to call his insurer; and even if he did, you (or your insurance company) can't force them to pay unless you sue the at-fault driver, win in court and get a judgment in your favor, and the terms of the police clearly require them to pay in that circumstances. If you are mostly taken care of by your own insurance, that is your compensation and it does not matter if he or his insurer repay your own insurance company--that's their issue. You can sue the at-fault driver (you sue the driver, not their insurance; he is the one who damaged you and may be liable--his insurer only steps in to pay, per the terms of the policy, if he is liable) for any amounts not covered by your insurance, including insurance deductibles (for a deductible or other relatively small amount, it would make sense to sue in small claims court, acting as your own attorney, or "pro se"). A lawsuit is how you force the other side to pay.


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