What do I do if I got hit in an accident and the at fault driver’s insurer won’t settle the claim?

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What do I do if I got hit in an accident and the at fault driver’s insurer won’t settle the claim?

The insurer of the guy who totaled my truck is not calling me back and keeps putting off a estimate on how much they will give me for a truck.

Asked on July 5, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You sue the at-fault driver. You cannot make the insurer cooperate with you or settle--they can simply ignore you, or even just give you a flat-out refusal. But you can sue a driver whom you believe to be at fault in causing you damage, loss, injury, etc., and if you can prove in court the driver was at fault, he and/or his insurer will have to pay.


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