How can I get an insurer to process and pay my claim?

UPDATED: Oct 1, 2022

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How can I get an insurer to process and pay my claim?

I was rear-ended by a man who admitted full fault by reporting he fell asleep at

the wheel. We both have Geico and I only have liability coverage. My car is

severely damaged, however Geico refuses to process my claim until they get additional information from the person who hit me but won’t tell me what information due to his

Asked on September 27, 2018 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have to sue the other driver. It doesn't matter if you and he both have the same insurer: given how relatively few insurers there are, compared to the vast number of drivers, that is fairly common. All that matters is your coverage--and you say you only had liabilty. That means that it is not your policy that will pay for your damage, since liability pays other drivers/persons injured or whose property is damaged by you. That means that your insurer has no contractual obligation to pay you for your damage, since you did not buy collision coverage from them. You can't directly force the insurer to pay you, because *you* do not have the right kind of coverage. That's why you need to sue the other driver and prove his fault in court: if you get a judgment against him, he or the insurer should then pay (and may choose to settle early, once you sue).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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