how do i get other insurance to pay for damages to my car

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how do i get other insurance to pay for damages to my car

my daughter was rear ended. the other driver admitted he
was not paying attention and that it in the police report.
its been 2 weeks since the accident and he has not reported
it to his insurance company. they told me they cannot do
anything until they speak to him. so that is how people get
out of paying for an accident that it clearly their fault?
i can get my car fixed through my insurance but i do not
want to pay 500 for something that was not our fault. is
there a way to force his insurance company to act or can i
file a complaint with department of insurance?

Asked on February 26, 2017 under Accident Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault driver for negligence.  That may prompt him to report the  matter to his insurance company or for his insurance company to act.
I assume that your daughter was not injured since you did not mention it.
If the case is only property damage, depending on the amount (cost of repairs), you may be able to file the lawsuit in Small Claims Court.  If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.  If she is 18, she can file the lawsuit herself.
Your damages (monetary compensation you are seeking in the lawsuit) would be the cost of repairs to the car.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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