What to do is party at fault does not file a claim

UPDATED: Jan 23, 2018

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What to do is party at fault does not file a claim

In an accident where other party was at fault. Police report completed and
person admitted fault. Other party has not filed a claim. It has been 4
days. What would our next step be?

Asked on January 23, 2018 under Accident Law, West Virginia


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

Answered 5 years ago | Contributor

Since the other party was at fault, your claim should have been filed with his/her insurance carrier.
If the other insurance company denies your claim because their insured has not responded, then your only recourse is to sue the at-fault party for negligence.
Since you did not mention it, I assume that you were not injured and that your claim is only for property damage (cost of repairs to your vehicle).
Depending on the cost of repairs to your vehicle, you may be able to file your lawsuit in small claims court.

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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