Insurance company refuses to pay for driver who hit and run

UPDATED: Oct 1, 2022

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Insurance company refuses to pay for driver who hit and run

My husband was stopped at a light in a left turn lane when he was hit by a driver that kept going. The police found the other driver and arrested him. At the time he claimed to have an insurance policy that had in fact been cancelled. In court we received the current insurance info and filed a claim. The insurance company denied the claim saying it was our word against his because he is now saying my husband hit him. When in court initially we said we wouldn’t press charges if he produced insurance info. so the charges were dismissed. The insurance company sites that as their reason believing his word. What do we need to do to take them to small claims court?

Asked on September 7, 2017 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the other driver: not pressing criminal charges does not bar you from suing for compensation, and when the other driver or his insurer refuses to pay voluntarily, you can sue him (you sue the driver, not the insurer). If you can his fault in court, you can get a court judgment requiring him to pay for the car damage. You don't need anything to sue him other than to file the small claims case; you should be able to get instructions and/or sample forms from your small claims court, either on line or in person.

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 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.

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