How can I get an insurer to process and pay my claim?

I was rear-ended by a man who admitted full fault by reporting he fell asleep at

the wheel. We both have Geico and I only have liability coverage. My car is

severely damaged, however Geico refuses to process my claim until they get additional information from the person who hit me but won’t tell me what information due to his

Asked on September 27, 2018 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have to sue the other driver. It doesn't matter if you and he both have the same insurer: given how relatively few insurers there are, compared to the vast number of drivers, that is fairly common. All that matters is your coverage--and you say you only had liabilty. That means that it is not your policy that will pay for your damage, since liability pays other drivers/persons injured or whose property is damaged by you. That means that your insurer has no contractual obligation to pay you for your damage, since you did not buy collision coverage from them. You can't directly force the insurer to pay you, because *you* do not have the right kind of coverage. That's why you need to sue the other driver and prove his fault in court: if you get a judgment against him, he or the insurer should then pay (and may choose to settle early, once you sue).


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