Do I contact the at fault insurance company or mine?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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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