What can I do if the at-fault party’s insurer refuses liability due to inability to contact their insured?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if the at-fault party’s insurer refuses liability due to inability to contact their insured?

Will my insurance company have to handle the accident as an uninsured motorist claim?

Asked on November 24, 2015 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if there is an insured motorist, it will not be handled as an uninsured motorist claim.
The other driver's insurer has the right to choose to not voluntarily pay you for any of a number of reasons: e.g. disagrees that it's driver is at fault, can't contract its driver to verify the facts, disagrees with the amount/cost of damage, etc.
Your recourse, if the other driver or his/her insurer will not voluntarily compensate you, is to sue the other driver. (You sue the driver, not the insurer, because the insurer does not have an obligation directly to you--it's obligation is to defend and/or pay for its insurered.) If you win in court by proving fault and the amount/cost of damage, you can get a court judgment in your favor, ordering the payment of money. If the other driver has relevant insurance, they should pay at that point; if they don't, you'll need to try to collect directly from the other driver.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption