How can I get insurance info from a party who is not cooperating?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I get insurance info from a party who is not cooperating?

An individual was going for a motorcycle ride on a public street but jumped the curve and ran into my wooden fence. He attempted to repair the fence himself with materials and workmanship that is not of the same quality as the original even though materials are available. For example, boards are not cut straight, horizontal wood is about 1 inch smaller in width than original, end pieces are not unified size, etc. I tried to talk with him but he is not cooperating. How can I get his insurance information? The police were not called at the time of the accident.

Asked on July 12, 2016 under Accident Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to get compensation from him is to sue him for the damage he did, such as in small claims court. You can't make him give you his insurance information, other than in a lawsuit; and even if you have it, while you can ask his insurer to pay, them paying you anything is voluntary on their part, since they are *his* insurer, not yours--their duty is to him (e.g. to pay on his behalf, to the limit of his coverage, when the terms of the policy require them to pay) and not to you. So you need to sue this individual for the money and not focus on his insurer.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption