If I was not at fault for an accident 2 months ago and the other party refuses to speak with his insurance about it, what are my options now?

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If I was not at fault for an accident 2 months ago and the other party refuses to speak with his insurance about it, what are my options now?

The other party ran through a stop sign, I hit her front end. It turns out the girlfriend was driving his car (it’s his car and insurance). Both insurance companies have deemed it not my fault. Both companies have tried countless times to contact him and he refuses to answer his phone or return calls. This was 2 months ago. I had liability and am unable to pay out of pocket to fix it. I have also been paying insurance for 2 months on a vehicle I cannot drive. I just want to know what my options are at this point because I am very stressed out about it. Oh and both parties filed a police report.

Asked on December 7, 2011 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe the other party is at fault, you may sue for any costs or damages you suffered--you don't need to wait for him to voluntarily put a claim through to his insurance. You could sue the car's driver (the girlfriend) and the car's owner (which allowed her to drive)--and you should sue both, since increasing the number of potentially responsible parties will increase the chance of recovering money. For several hundred dollars, you should probably bring the action yourself, in small claims court; for several thousand, retain an attorney to represent you.


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