My third party insurance claim is being delayed saying third party isn’t reported the accident?

I have had a rear-end collision on 02/05. We both got the police complaint about this accident and I reported the same to DMV. When I filed the claim for third-party insurance they are saying their client didn’t report the incident yet. Also, they mentioned they are trying to reach out their customer but not successful. When I talk to the other party over the phone, they say they have reported back to their insurance. It is more than 21 days since the accident happen and I haven’t got my claim approved. What should I do in this case?

Asked on March 10, 2018 under Accident Law, Illinois

Answers:

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

Answered 2 years ago | Contributor

Your only recourse is to sue the at-fault party for negligence.  Filing the lawsuit should prompt action on the part of the insurance company.  The insurance company will have to file an answer to your complaint (lawsuit) or its insured will lose by default for failure to timely file an answer with the court.


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