What to do if at-fault party does not cooperate with their insurance?

UPDATED: Sep 30, 2022

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What to do if at-fault party does not cooperate with their insurance?

Someone hit my car on the street. I called the police and a Police incident
report was filed because I thought it was a hit and run. However the police did
not charge the at-fault party with a misdemeanor because they were able to find
her and get her to give insurance information.

Now the at-fault party will not give her statement to the insurance company.
She will not answer their calls and return their voicemails. The fault was
determined to be hers after she gave a statement to the officer, and the
officer took witness statements. What can I do if she continues to ignore her
insurance company’s phone calls? My car cannot be fixed until she gives a



Asked on August 9, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You sue her for the damage to your car. You can't make her cooperate with her insurer; and you can't make *her* insurer pay you if the don't want to, don't need to under the policy's terms, or don't have the information, etc. they need to process the claim--but you can sue the at-fault driver for the damage she did by negligently (carelessly) hitting your car. If you can show in court that she was at fault, you can get a judgment against her--a court determination that she must pay. At that point, if she has applicable insurance, the insurer may step in and pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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