What can I do if I was recently involved in an auto accident for which I was not at fault but the other driver’s insurer refuses to honor my claim?

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What can I do if I was recently involved in an auto accident for which I was not at fault but the other driver’s insurer refuses to honor my claim?

The other party claims that I was at fault, so their party insurance company does not want to pay for my car damage. However, I have proof and witnesses to the accident.

Asked on July 16, 2015 under Accident Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the at-fault party for negligence.  If the driver is someone other than the registered owner of the vehicle, name both the registered owner and the at-fault driver as defendants in your lawsuit for negligence.  If there was a police report of the accident stating that the other party was at-fault, you should obtain that police report.  Whether or not there was a police report, the fact that you have witnesses to the accident provides further evidence in your favor that the other party was at fault in the accident.


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