What are my options if an insurance company refuses to pay a claim?

I was driving home one night, and another driver hit me head on when he crossed the center line. He didn’t have his lights on either. He then fled the scene. I had no insurance at the time as well. Come to find out the vehicle he was driving was a friend of his and the insurance company said the guy driving will no co-operate so they are refusing to pay my claim when my vehicle was totalled. What can I do to get this resolved as I’m in great need of a vehicle.

Asked on July 30, 2012 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you  believe the other car was at fault, as you do, and the driver and/or owner or their respective insurers will not voluntarily pay you, your recourse is to sue for compensation. You would sue the car's owner (since a vehicle's owner is responsible for the actions of those he/she permits to drive his/her car) and also the other driver. The fact that the insurer does not want to pay does not prevent you from suing.

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