What to do if an auto insurer will not honor a claim?

My father got into an accident Saturday and was hit head on. The accident was agreed that it was 100% get fault. Today my father finally talked to her insurance claims representative. The respresentative said that they were not going to pay because their client had a “medical issue” and passed out at the wheel. Now my father has no vehicle and he only had liability insurance on his truck. He is the victim here and he only has $800 a month to live on from disability. This lady that hit my father was fined a few weeks earlier for reckless driving so it seems to me that she is trying to keep out of trouble and her insurer is trying to weasel out of paying him. His truck is an old one but its all he has.

Asked on November 13, 2012 under Accident Law, Virginia


eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

he would need to sue the other driver in small claims court for his damages.  the other insurance company has to defend it.  maybe they wil offer some money instead of having to send a lawyer to defend the case.

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.