What do I do if at fault party’s insurance denied liability?

Our insurance said it is not our fault
and the other party’s insurance said it
is not their client’s fault either.
I contacted my adjuster about this and
she said I have to dispute the other
insurance. Is this true? My insurance
cannot handle the dispute?

Asked on March 15, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your insurer is not your lawyer: it's not their responaibility to sue other people or other insurers for you. Their only responsibility is, if you have applicable coverage (e.g collission), to pay you as per the terms of your coverage. If you don't have the appropriate coverage, the only way to get money from an at fault driver if he or his insurer will not voluntarily pay, is to sue the at fault driver (you sue the driver, not the insurer, because the driver is the one who was at fault). If you can prove in court the other driver's fault, you can get a money judgement in your favor.


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