What steps should I take for an auto claim?

A guy came down the road hit my wife’s car outside the house and totaled it. We have have the police report but the guy still hasn’t called his insurance company and now my wife is without a vehicle. What should I do.

Asked on April 1, 2016 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have applicable insurance (e.g. collision coverage on your car, not just liabilty), you should be able to put in a claim with your own insurer; if they won't process it when you have the right coverage, you could sue them for breach of contract, or not honoring their contractual obligations (an insurance policy is a contract).
If you don't have applicable coverage, you can sue the at fault driver for the then-current (or blue book) value of the car--that's the only way to get money from the other side. If the value was less than the upper limit for your small claims court, suing in small claims, acting as your own attorney, is a very good option.

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