What can be do regarding an uncooperative insurance company?

I was rear-ended by an elderly driver who made no attempt to stop; they were clearly negligent. Luckily we were not physically hurt but the accident has placed a great deal of stress, impacting my husband’s already inflated blood pressure. The other driver’s insurance company has been difficult to work with and it’s costing us a lot of time and aggravation. Do we have any legal recourse?

Asked on December 4, 2018 under Accident Law, New York

Answers:

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

Answered 1 year ago | Contributor

If the at-fault party's insurance carrier denies your claim or offers to settle the case for an amount with which you are dissatisfied or is giving you the runaround, your recourse is to sue the at-fault party for negligence.
Depending on the amount of property damage (cost of repairs) to your car, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. Since no one was injured, stress without medical treatment is insufficient for a separate personal injury claim. A personal injury claim requires documented medical treatment.


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