Do I contact the at fault insurance company or mine?

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Do I contact the at fault insurance company or mine?

My Daughter was rear ended on the interstate 2 weeks ago.
She was driving my car but was excluded on my insurance policy.
I have not heard from the at faults insurance company and need to get reimbursed
for towing charges and the car as it is totaled.

Thank you.

Asked on January 4, 2017 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she was excluded from your policy, your insurer does not have to pay for the accident--that is the whole point of excluding her: she is not covered under your policy.
You legally may contact the other driver's insurer, but they owe no duty or obligation to you--they are the *other* driver's insurer, not your own. They could refuse to speak with you; or speak with you and refuse to pay; or offer an insultingly low-ball amount; etc. The only way to make sure you are paid is to sue the at-fault driver (you sue the driver, not the insurer) and get a judgment against him in court, at which point he or his insurer should pay.


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