What to do if at-fault party does not cooperate with their insurance?

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What to do if at-fault party does not cooperate with their insurance?

Someone hit my car on the street. I called the police and a Police incident
report was filed because I thought it was a hit and run. However the police did
not charge the at-fault party with a misdemeanor because they were able to find
her and get her to give insurance information.

Now the at-fault party will not give her statement to the insurance company.
She will not answer their calls and return their voicemails. The fault was
determined to be hers after she gave a statement to the officer, and the
officer took witness statements. What can I do if she continues to ignore her
insurance company’s phone calls? My car cannot be fixed until she gives a
statement.

Thanks,

JM

Asked on August 9, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue her for the damage to your car. You can't make her cooperate with her insurer; and you can't make *her* insurer pay you if the don't want to, don't need to under the policy's terms, or don't have the information, etc. they need to process the claim--but you can sue the at-fault driver for the damage she did by negligently (carelessly) hitting your car. If you can show in court that she was at fault, you can get a judgment against her--a court determination that she must pay. At that point, if she has applicable insurance, the insurer may step in and pay.


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