What can I do if person who hit my car refuses to provide insurance info?
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What can I do if person who hit my car refuses to provide insurance info?
The person who backed into my brand new car claimed he would fix it out of pocket. I only got his name, telephone number for his business he owns, and his address. He is a prominent member of the community so, unfortunately, I trusted him. He is giving me the run around so I called my insurance company to ask them to try and get his insurance information. He refuses to give his insurance information. I received a letter from this person’s lawyer stating he would pay my estimates but he included an NDA that basically says if I mention anything about the accident they will sue me for the money back and they can sue me for anything I have equity in. As the victim here, I think this is total nonsense. Is there anything I can do to get his insurance info to file a claim with his company?
Asked on May 26, 2017 under Accident Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
People focus too much on the other driver's insurer. Remember: even if you filed a claim with the other insurer, they do NOT have to pay you--them paying you is voluntary on their part unless and until you sue the driver in court and win, getting a judgment requiring payment.
Your recourse is to sue the at-fault driver, since he is the one who is liable--and based on what you write, him backing into your car would make him at fault--for your damages and costs. Let his lawyer know that you will NOT sign the requested NDA or any NDA and that if while you would prefer to resolve this without litigation, you will sue if necessary. Given them a reasonable time to agree to pay without the NDA (maybe 10 business days) and, if they won't make you a reasonable "no strings" offer, file your lawsuit. (The NDA you describe an easily be abused by the other side and you could be readily sued; do NOT sign anything like it.) Send your communications in writing, sent some way or ways you can prove delivery.
If the amount if less than the limit for small claims court, file in small claims, as your own attorney or "pro se" and to minimize costs and expedite matters (small claims court is faster than other courts). Even if the damage is a bit more than the small claims limit, you are probably better off giving up any amounts over small claims, to keep the case in small claims court.
Remember that if you do sue, you will need evidence: e.g. repair estimates; an accident report; possibly witness testimony regarding the accident.
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