party at fault won’t make a statement to their ins. and their ins won’t pay till they get a statement,What can I do?

other party made U-turn into my car, already admitted fault to my ins.

Asked on April 18, 2017 under Accident Law, California

Answers:

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

Answered 3 years ago | Contributor

Your only recourse is to sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs)  to your car.
Depending on the amount you are seeking to recover, you may be able to file your lawsuit in small claims court.  After prevailing in the case, you can enforce the judgment with a wage garnishment against the at-fault party.  You can also recover court costs which include the court filing fee and process server fee.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the at-fault driver: that is how you make them pay when neither the other driver nor their insurer will voluntarily pay you (and bear in mind that unless you sue and win, any payment by them is voluntary--i.e. even if they did give a statement to their insurer, it is not guaranteed that the insurer will pay). You sue the driver, not their insurer (since the driver is the one who damaged your car or hurt you, not the insurer); if you can prove in court by a "preponderance of the evidence" (that it is more likely than not) that the other driver was at fault, you can get a court judgment or order requiring them to pay, at which point either the driver and/or their insurer should pay you.


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