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

Answers:

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.


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