What to do if someone won’t call their insurance company to verify they hit my car?

UPDATED: Sep 30, 2022

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What to do if someone won’t call their insurance company to verify they hit my car?

I was at my girlfriend’s house and her niece backed into my car. She came and told

me and gave me her insurance card. I made a claim now she will not call her

insurance company and verify the damage. What do I do? Her insurance company

said they won’t claim it until she responds.

Asked on March 22, 2016 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You sue her--that's how you get money or compensation from an at-fault driver (like one who backs into your car) if they or their insurer will not voluntarily (without being sued) pay you. You sue her, not her insurer, since she is the person at fault and because her insuer is *her* insurer, not yours--it has no legal obligation to you, but rather, it's obligation to pay out money on her behalf if she is liable to pay (so you need to hold her liable to make the insurer pay). For minor damage, your best option is to sue the niece  in small claims court, acting as your own attorney ("pro se") to save legal costs. If the neice is a minor, you sue her parents or legal guardians, who are responsible for her actions.

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.

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