Insurance company refuses to pay for driver who hit and run

My husband was stopped at a light in a left turn lane when he was hit by a driver that kept going. The police found the other driver and arrested him. At the time he claimed to have an insurance policy that had in fact been cancelled. In court we received the current insurance info and filed a claim. The insurance company denied the claim saying it was our word against his because he is now saying my husband hit him. When in court initially we said we wouldn’t press charges if he produced insurance info. so the charges were dismissed. The insurance company sites that as their reason believing his word. What do we need to do to take them to small claims court?

Asked on September 7, 2017 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the other driver: not pressing criminal charges does not bar you from suing for compensation, and when the other driver or his insurer refuses to pay voluntarily, you can sue him (you sue the driver, not the insurer). If you can his fault in court, you can get a court judgment requiring him to pay for the car damage. You don't need anything to sue him other than to file the small claims case; you should be able to get instructions and/or sample forms from your small claims court, either on line or in person.


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