The other parties insurance company is not prepared to pay out the limit for the damage done to my vehicle

The other parties insurance company is not prepared to pay out the limit for the damage done to my vehicle. My son and I would registered owners on a vehicle and it was involved in a car accident. A criminal trial was held and my son was found innocent of the charges. I then wrote a letter to the other party’s insurer is telling them that they needed to pay off the $5000 for damages to our auto and they refused to do so.

Asked on April 5, 2018 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the other driver if you believe he was at-fault. That is how you get money if his insurer refuses to voluntarily honor your claim and pay you. Remember: his insurer is *his* insurer, not yours--it  does not owe any duty directly to you, but rather its only duty is to its insurered, to defend him in court and to pay any judgments against him. While his insurer will often voluntarily offer to pay if it feels that is the most-cost-effective way to resolve the matter, it does not have to do so, not until and unless there is a court judgment. So suing would be the only way to get your money.

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 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.