what can I do if the at-fault’s insurance won’t pay

I only have liability insurance and the other driver admitted it was his fault. His insurance company has been giving me the runaround for months telling me the claim is still in process. Now, they say they won’t pay at all because the accident was my fault. There was a police report done and I was not ticketed. What can I do?

Asked on April 29, 2016 under Accident Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were no at fault in the accident and the at-fault party's insurance company is denying the claim, your only recourse is to sue the at-fault party for negligence.  Your damages would include the property damage (cost of repairs to your car).
If you were injured in the accident, your personal injury claim is separate from the property damage; however, it should also be included in your lawsuit for negligence.  Your personal injury damages would include your medical bills, pain and suffering, an amount in addition to the medical bills and wage loss.


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