car accident insurance denied the claim

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car accident insurance denied the claim

I’ve got in car accident i was driving my dad’s car wasn’t listed in his
insurance, it wasn’t my fault thou the girl that hit me it was her fault. I made
a claim pretty much the next day her insurance denied the claim the reason they
said is because she wasn’t picking up the phone nor responding on the email its
been like that for over 2 months what should i do?

Asked on August 2, 2016 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at fault driver: her insurer's opinion that she was not at fault is not a legally binding determination--it is just their opinion. If you sue her (you sue her, the at fault driver, not her insurer) and prove in court by a "preponderance of the evidence" (that it is more likely than not) that she was at fault, you can get a judgment against her for monetary compensation (e.g. the cost to repair the car); at that point, she or her insurer should pay.
(Your dad's insurer does not have to pay if you drove the car on a more than one-time basis: people have to inform their insurers of everyone who may drive or has access to the car and if they don't, those people are not covered.)


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