What to do about a stalled insurance claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a stalled insurance claim?
My vehicle was hit while parked and we obtained the other driver’s insurance information and filed a claim. The insurance rep is now telling us that she can’t proceed with the claim because the other driver won’t respond to her calls or letters. Is this even legal to do? We have to just sit and wait until the other driver decides to call their insurance company? What are my options in this situation?
Asked on July 22, 2011 Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can sue the other driver--that's the way to push the claim forward if necessary. If the other driver doesn't cooperate, the insurer will say--with some justification, mind you--that they can't process the claim without the relevant information, documentation, etc. The only way to force the woman to respond is to actually bring a lawsuit, since both in a lawsuit, there are mechanisms to get information, and if you win the lawsuit, there will be a court order requiring payment. If the amount at at stake is low--a few hundred dollars--you may be best off suing in small claims court, representing yourself. For a few thousand dollars of damage, you would be better served by retaining an attorney to bring this lawsuit for you. Good luck.
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.