What to do about a stalled insurance claim?

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What to do about a stalled insurance claim?

My vehicle was hit while parked and we obtained the other driver’s insurance information and filed a claim. The insurance rep is now telling us that she can’t proceed with the claim because the other driver won’t respond to her calls or letters. Is this even legal to do? We have to just sit and wait until the other driver decides to call their insurance company? What are my options in this situation?

Asked on July 22, 2011 Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the other driver--that's the way to push the claim forward if necessary. If the other driver doesn't cooperate, the insurer will say--with some justification, mind you--that they can't process the claim without the relevant information, documentation, etc. The only way to force the woman to respond is to actually bring a lawsuit, since both in a lawsuit, there are mechanisms to get information, and if you win the lawsuit, there will be a court order requiring payment. If the amount at at stake is low--a few hundred dollars--you may be best off suing in small claims court, representing yourself. For a few thousand dollars of damage, you would be better served by retaining an attorney to bring this lawsuit for you. Good luck.


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