What to do if a month ago I was in an auto accident and was not at fault but the other driver’s insurance company claims otherwise?

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What to do if a month ago I was in an auto accident and was not at fault but the other driver’s insurance company claims otherwise?

Their insurer claims that I am completely responsible, though they keep changing the minor details of what happened and they didn’t arrive to our court date. I tried talking to the other driver’s insurer but they told me that regardless of what I say they are going with their insured’s side of the story because they were familiar with the area and I was not. They refuse to take my claim or investigate what really happened. Is this allowed?

Asked on April 18, 2014 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is allowed, but it's not the final word. The insurer is not the court--it is a private party. It can decide that its insured was not liable, and so refuse to pay. And when that happens, you have the right to sue the other driver in court; if you do, you will have the opportunity to prove that the other driver was at fault and caused you damage for which you are entitled to compensation. Your option when the other driver or their insured will not voluntarily compensate you is to sue.


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