Person who hit my car is refusing to file claim?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Insurance Question from Coconut Creek, FL

Asked on 05/02/2016

Person who hit my car is refusing to file claim? My mothers vehicle was rear ended two days ago. The young lady who caused the accident gave my mother her license and phone number. I reached the young lady on the phone to which she agreed to file a claim and also gave me her policy number. Two days go by without any news so I tried calling her but without any luck. Few minutes later the young lady's mother instead calls me and claims that I have no proof of her daughter hitting my mother's vehicle and eventually hung up on me.I gave my own insurance company every information I had on her.Should I do anything else while they investigate?

Answer given on October 02, 2016

If the other driver in an accident refuses to cooperate, you are right to turn the claim over to your insurance company. If you have collision coverage on the car, your insurance company will pay for the repairs, less the deductible. Since you had information on the other driver, they will contact them for a settlement. If they don’t cooperate, you did have the insurance policy number and your company can contact the other insurance company to try to resolve this.If your insurance company is successful in subrogating the claim through the other insurance company, you will receive your deductible back. If they are not successful, you could try to go to small claims court to get the deductible back.Since you had the drivers license number and phone number, and later the policy number, it seems logical that you would not have that information unless it was voluntarily given by the other driver. Your insurance company can also use that premise in an attempt to resolve the claim.

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