What do I do if the at fault party does not contact their insurance company?

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What do I do if the at fault party does not contact their insurance company?

Auto accident in which other party was
at fault.

Asked on May 22, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your insurance pays you, let your insurer deal with then trying to recover that money from the other side. If your insurer does not pay you, or if they do but you have a large-enough deductible or other unpaid costs (e.g. car rental costs while your car is repaired, if not covered by your insurance) to make litigation worthwhile, you can sue the at-fault driver. You sue the driver (and also the car's owner, if the owner and driver are not the same), not their insuer, and have to prove fault in court; if you can do that, you can get a judgment ordering them to pay (at which time their insurer would presumably step in and pay).


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