What can I do if the at-fault party’s insurer refuses liability due to inability to contact their insured?

Will my insurance company have to handle the accident as an uninsured motorist claim?

Asked on November 24, 2015 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if there is an insured motorist, it will not be handled as an uninsured motorist claim.
The other driver's insurer has the right to choose to not voluntarily pay you for any of a number of reasons: e.g. disagrees that it's driver is at fault, can't contract its driver to verify the facts, disagrees with the amount/cost of damage, etc.
Your recourse, if the other driver or his/her insurer will not voluntarily compensate you, is to sue the other driver. (You sue the driver, not the insurer, because the insurer does not have an obligation directly to you--it's obligation is to defend and/or pay for its insurered.) If you win in court by proving fault and the amount/cost of damage, you can get a court judgment in your favor, ordering the payment of money. If the other driver has relevant insurance, they should pay at that point; if they don't, you'll need to try to collect directly from the other driver.


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