Are there other avenues I can take to obtain answers and ensure the claim process unfolds as it should?

I was hit by an on duty UBER driver on his phone who failed to turn left with his left signal on while in the left turn lane. He continued straight and side swiped my vehicle as well as pushed me up on to a curb. He was issued a ticket on site. This was reported over a month ago. No drugs or alcohol were involved. His insurance co. which is the same as mine, specifically the adjuster, is giving me the run-around and is withholding details and dead lines regarding compensation and getting my vehicle fixed. The adjuster keeps recommending I use MY coverage to file for the repair during their investigation which I refuse to do, it seems unnecessary and fishy. More over, I do not have the capital to cover my deductible which the cost of the repairs to my vehicle would certainly require all of. There is no one assigned within the insurance company to look out for my best interests and every time I try to get any info, I get stone walled. I am hoping there is another route I can take to yield better results and answers. Thank you.

Asked on October 5, 2017 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is another route: you can sue the at-fault driver and the owner of the car (if that is a different person than the driver, since an owner is legally liable or responsible for the actions of those whom he/she/it lets drive the car) for the damage to your vehicle. Until and unless there is a successful lawsuit and judgment (basically, court order or determination) in your favor, any payment made by an at fault driver, vehicle owner, and/or their insurer is voluntary: i.e. they freely decide whether, when, and how much to offer. The way to move matters towards a resolution when no one is voluntarily offering you an acceptable amount is via suing. If the amount you are seeing is less than than the limit for small claims court, suing in small claims as your own attorney ("pro se") will be the fastest, most cost-effective option.

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