If I had a guy hit me and it is his fault but he will not call his insurance company and does not pick up when they call, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had a guy hit me and it is his fault but he will not call his insurance company and does not pick up when they call, what can I do?
Asked on October 29, 2015 under Accident Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue him. You can't force him to call his insurer; and even if he did, you (or your insurance company) can't force them to pay unless you sue the at-fault driver, win in court and get a judgment in your favor, and the terms of the police clearly require them to pay in that circumstances. If you are mostly taken care of by your own insurance, that is your compensation and it does not matter if he or his insurer repay your own insurance company--that's their issue. You can sue the at-fault driver (you sue the driver, not their insurance; he is the one who damaged you and may be liable--his insurer only steps in to pay, per the terms of the policy, if he is liable) for any amounts not covered by your insurance, including insurance deductibles (for a deductible or other relatively small amount, it would make sense to sue in small claims court, acting as your own attorney, or "pro se"). A lawsuit is how you force the other side to pay.
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.