party at fault won’t make a statement to their ins. and their ins won’t pay till they get a statement,What can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
party at fault won’t make a statement to their ins. and their ins won’t pay till they get a statement,What can I do?
other party made U-turn into my car, already admitted fault to my ins.
Asked on April 18, 2017 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your only recourse is to sue the at-fault party for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car.
Depending on the amount you are seeking to recover, you may be able to file your lawsuit in small claims court. After prevailing in the case, you can enforce the judgment with a wage garnishment against the at-fault party. You can also recover court costs which include the court filing fee and process server fee.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue the at-fault driver: that is how you make them pay when neither the other driver nor their insurer will voluntarily pay you (and bear in mind that unless you sue and win, any payment by them is voluntary--i.e. even if they did give a statement to their insurer, it is not guaranteed that the insurer will pay). You sue the driver, not their insurer (since the driver is the one who damaged your car or hurt you, not the insurer); if you can prove in court by a "preponderance of the evidence" (that it is more likely than not) that the other driver was at fault, you can get a court judgment or order requiring them to pay, at which point either the driver and/or their insurer should pay you.
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.