What should I do if I was in a fender bender that was not my fault but the other driver’s insurer is denying my claim?

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What should I do if I was in a fender bender that was not my fault but the other driver’s insurer is denying my claim?

We exchanged info but there was no police at the scene. She said she doesn’t want to go through insurance and after a couple of days she stopped answering my phone calls. I called her insurqnce company filled a claim, however she doesn’t answer the phone and there was no accident report at the accident scene, so her insurer wouldn’t pay me.

Asked on July 3, 2014 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue her. The insurer can choose to not voluntarily pay, if they feel that the accident was not their driver's fault and/or they do not have the information they need to make a determination. However, that is simply them choosing to not voluntarily pay; it is not a binding or legal determination of fault or liability. If you believe the other driver was at fault and neither she nor her insurer will pay, your recourse is to sue her (for smaller claims, you may wish to sue in small claims court, acting as your own attorney ["pro se"]). If you can prove in court that it is more likely than not that she was at fault and caused your damage, you can get a court judgment in your favor, ordering her to pay (at which time, if she has insurance, the insurer will typically pay; the insurer may also settle at some point before trial, if they see that you're serious about suing and believe that there's a reasonable chance you'll win).


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