Should I tell the adjuster about the note and the at-fault party agreeing to pay for the damage or should I just sue the driver?

UPDATED: Oct 2, 2022

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Should I tell the adjuster about the note and the at-fault party agreeing to pay for the damage or should I just sue the driver?

I was in an accident on 08/08 but I wasn’t injured. The FR 10 shows the other party for being at fault. On the TR 310 form the other party admitted to making a right turn on red while I had the left green protected area. I hadn’t heard from the other party’s car insurance until I sent the other party a letter on 08/15. In this letter I explained to the other party that the information that the driver provided the officer was inaccurate due to the owner of the vehicle not matching or the insurance company information not matching. On 08/20, I heard from the other party’s insurance company. While talking to the representative, she informed me that the other party didn’t want this accident to go on his insurance so he’d pay for my damages out of pocket. She also told me that he was even offering to pay for a brand new bumper. This is a conversation I had with the insurance representative and with the other party present. I submitted a claim but was it was denied. On Friday, the insurance adjuster left a voicemail on my phone stating they wouldn’t accept liability because it’s still their word against mine. Yesterday, when I spoke with the insurance adjuster, she told me that my claim was denied because their insured was able to complete her turn before I did. I had the right of way. Yesterday, I sent a

Asked on September 4, 2019 under Accident Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Just file in small claims court. Clearly, the insurer does not want to pay this claim--and that is their choice. The other driver's insurer is their insurer and has no obligation or duty to you: their duty is only to their insured. While they often choose to offer a settlement if they deem that is their and their insured's best interests, it is 100% voluntary on their part to do: you can't make the insurer pay without litigation. The only way to ensure payment is to sue the other driver and win.

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