What to do is party at fault does not file a claim

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What to do is party at fault does not file a claim

In an accident where other party was at fault. Police report completed and
person admitted fault. Other party has not filed a claim. It has been 4
days. What would our next step be?

Asked on January 23, 2018 under Accident Law, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since the other party was at fault, your claim should have been filed with his/her insurance carrier.
If the other insurance company denies your claim because their insured has not responded, then your only recourse is to sue the at-fault party for negligence.
Since you did not mention it, I assume that you were not injured and that your claim is only for property damage (cost of repairs to your vehicle).
Depending on the cost of repairs to your vehicle, you may be able to file your lawsuit in small claims court.


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