What can I do about an insurance claim that seems to have gotten stalled?

A car was rear-ended by a garbage truck over a month ago. They sent out an appraiser weeks ago and then went silent. The driver’s insurance company won’t return my calls and the claim is stalled what can I do? Its now 31 days and I’ve left them dozens of messages they refuse to do anything to settle the claim.

Asked on September 9, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't force the other driver's insurance to respond to you (after all: they are the *other* driver's insurer, not yours, and have no duty or obligation to you). What you can do is sue the other driver (e.g. the driver of the truck personally) and also the company or municipality he worked for or which owned the truck, for  the damage done to your vehicle. When you do that, the insurer should step in and try to either settle or defend the claim. A lawsuit is how to try to force the other party and/or their insurer to compensate you when they do not do so voluntarily. For smaller amounts, you might sue in small claims, acting as your own attorney; for larger amounts, you should retain a lawyer.


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