What to do if someone won’t call their insurance company to verify they hit my car?

I was at my girlfriend’s house and her niece backed into my car. She came and told

me and gave me her insurance card. I made a claim now she will not call her

insurance company and verify the damage. What do I do? Her insurance company

said they won’t claim it until she responds.

Asked on March 22, 2016 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue her--that's how you get money or compensation from an at-fault driver (like one who backs into your car) if they or their insurer will not voluntarily (without being sued) pay you. You sue her, not her insurer, since she is the person at fault and because her insuer is *her* insurer, not yours--it has no legal obligation to you, but rather, it's obligation to pay out money on her behalf if she is liable to pay (so you need to hold her liable to make the insurer pay). For minor damage, your best option is to sue the niece  in small claims court, acting as your own attorney ("pro se") to save legal costs. If the neice is a minor, you sue her parents or legal guardians, who are responsible for her actions.


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