What next if the at fault party’s insure won’t claim liability?

UPDATED: Sep 30, 2022

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What next if the at fault party’s insure won’t claim liability?

About 3 weeks ago, my family and I were in a car accident. It was a 2 lane road each way and the driver in the right lane next to us pulled out

infront of us, to make a U-turn. We didn’t have any time to stop as he cut us off. He admitted to full fault to the officers who responded to the accident, however now the insurance company is claiming it’s a 1 lane each way and refuses to claim liability since the driver can not be reached. the car is not driveable.

Asked on August 25, 2016 under Accident Law, Massachusetts


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

Answered 6 years ago | Contributor

Your only recourse is to sue the at-fault party for negligence.
If you don't know his address, you can have a process server do a skip trace to locate him and have him served with the summons and complaint (the complaint is the lawsuit).  You can find process servers online or in the Yellow Pages under attorney services.
I assume that no one was injured in the accident since you did not mention it.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs (property damage) to your car.

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