What to do if the man who hit my car has told his insurer that he was at fault but it will not send an adjuster out to look at my car?

UPDATED: Oct 18, 2014

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What to do if the man who hit my car has told his insurer that he was at fault but it will not send an adjuster out to look at my car?

What else can I do? He ran into the back of me.

Asked on October 18, 2014 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the at-fault driver. His insurer's obligation is to him, not to you: to defend him in court, to pay for any amounts he is found by a court to owe, etc. Often, they will look at claims without a lawsuit, and even settle them without a suit, when they think that it is their interest (i.e. that they will save money by doing so, rather than by waiting until there is a lawsuit  and then dealing with it) but they don't have to do this.

When the at-fault driver and/or his insurer will not voluntarily compensate you, your recourse is to file a lawsuit against the at-fault driver. The only way to force involuntary payment is by suing and winning. For smaller amounts, it may make sense to file in small claims court and act as your own attorney.

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