How can I get insurance info from a party who is not cooperating?
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How can I get insurance info from a party who is not cooperating?
An individual was going for a motorcycle ride on a public street but jumped the curve and ran into my wooden fence. He attempted to repair the fence himself with materials and workmanship that is not of the same quality as the original even though materials are available. For example, boards are not cut straight, horizontal wood is about 1 inch smaller in width than original, end pieces are not unified size, etc. I tried to talk with him but he is not cooperating. How can I get his insurance information? The police were not called at the time of the accident.
Asked on July 12, 2016 under Accident Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The only way to get compensation from him is to sue him for the damage he did, such as in small claims court. You can't make him give you his insurance information, other than in a lawsuit; and even if you have it, while you can ask his insurer to pay, them paying you anything is voluntary on their part, since they are *his* insurer, not yours--their duty is to him (e.g. to pay on his behalf, to the limit of his coverage, when the terms of the policy require them to pay) and not to you. So you need to sue this individual for the money and not focus on his insurer.
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