What can I do if the at-fault driver’s insurance company says another driver was at fault so it won’t pay for damages to my car?

UPDATED: Sep 30, 2022

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What can I do if the at-fault driver’s insurance company says another driver was at fault so it won’t pay for damages to my car?

My parked vehicle was hit by a car as a result of another car hitting him after running a stop sign. The insurance company of the stop sign runner says they can’t get in touch with their client and won’t release funds to fix my car. I have only liability insurance and wasn’t present at the time of the accident but got drivers insurance info both and pictures. How can I get the insurance company to pay up?

Asked on March 7, 2017 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't directly force their insurers to pay up--the other party's insurer is *their* insurer and does not owe any duty or obligation directly to you. What you can do is sue the other drivers (sue them both, since  either could be liable in whole or in part; let them and their insurers fight it out over who has to pay), such as in small claims court (given the amount you describe). If you can show (as it sounds like you can, based on what you write) that either or both were at fault, you can get a court judgment ordering them to pay, at which time their insurers should make the payment for them.

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