Expert: Richard Hixenbaugh - 10/1/2009

Question
Hello,
I was in a small accident a few weeks ago and the part at fault is ignoring their insurance company. The accident happened at a T intersection, I had a green light and was turning left onto the street that is the top of the T, the other party ran the red light and hit the back passenger side of my car.  The individual came out of the car and immediately handed me all of their info, claimed it was his fault and said his insurance company would take care of it.  No one was hurt and the cars could be driven away so I turned in a police report the following morning and contacted his insurance company.  He has been ignoring the insurance companies calls for two weeks, they have talked to his father who owns the car and he will not confirm or deny anything anything. The driver also has no voice mail on his phone and they cannot leave a message. I am wondering what my options are, should I be taking the driver to small claims?

Answer
Hi Kate,

You should have the at-fault drivers address. If so send him a letter telling him that you know thet he has been avoiding his insurance company and that if he does not contact his insurance company to provide a statement within 48 hours that you will file suit against him and his father. You should send the letter by certified mail/return receipt requested as well as another copy by regular mail. Then if he does not respond to his insurance company you can either go ahead and file suit or you can file the claim through your own insurance company if you have collision coverage. Then your insurance company will go after the other driver for reimbursement.

I hope this helps
Richard Hixenbaugh