If I was in an accident for which the other driver was at fault but thier insurance company is ignoring my emails and calls, what can I do?

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If I was in an accident for which the other driver was at fault but thier insurance company is ignoring my emails and calls, what can I do?

Since I had liability I was told I had to deal with the other drivers insurance company. They have been ignoring my emails and my phone calls. It has been almost 7 months and I still haven’t heard anything. I am very upset. They still haven’t appraised the value of the damage so I can go about getting the repairs to the car. I was not at fault, and I was not injuried but I have never in my life ever seen it take this long. The fact they will not answer my emails or calls is also upsetting. I have to drive a damaged car that I am not sure is completely safe. I used my money to replace broken light blubs and to replace the tires since the alignment was messed up and my cars destroying tiresto make it as workable as possible so I can get to and from work. but I shouldn’t have to pay for all of that, and I shouldn’t have to pay for the body work. I don’t know what to do. I can barely makes ends meet as it is, so I can’t afford lawyer fees, but I feel like that may be my only option do get help.

Asked on October 12, 2016 under Accident Law, New Jersey

Answers:

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

Answered 4 years ago | Contributor

You can sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car).
Sometimes just filing the lawsuit may prompt action from the at-fault party's insurance carrier.
Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court.  If you obtain a judgment in your favor, you can enforce the judgment with a wage garnishment against the at-fault party.  You can also recover court costs which would include the court filing fee and process server fee.
As for the at-fault party's insurance carrier ignoring you and not proceeding with your claim, it would be advisable to file a complaint with your state's insurance commissioner.


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