How do you make the other party insurance accept liability when the driver is not included in the insurance policy?

Attorney answers (4)

1. Licensed in CA

   

   Frank Chen

   San Marino Real Estate Attorney

   Contributor Level 20

   Answered June 01, 2011 06:17. You cannot make the other party's insurance carrier accept liability, nor will they. To claim rental charges as well as bodily injury, you will need to hire a personal injury attorney to make those claims on your behalf. In all likelihood, a lawsuit will have to be filed to recover all of your damages ($500 deductible, loss of use, medical expenses, pain & suffering).

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2. Licensed in CA

   

   Mark PeacockPro

   Newport Beach Car / Auto Accident Lawyer

   Contributor Level 9

   

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   Answered June 01, 2011 09:33. Well - the most efficient way to handle this would be to file a lawsuit - that will get everything lined up correctly! For example, it would make the "issues" that are yours right now (e.g., who is covered? etc...) the "issues" of the driver (& owner) of the other car that hit you.
   Best of luck!

   The materials available at this web site are for informational purposes only and not for the purpose of providing... moreThe materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. less

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3. 

   Louisa Chen

   Conshohocken Car / Auto Accident Lawyer

   Contributor Level 7

   Answered June 01, 2011 06:37. You cannot make the other party's insurance accept liability in any scenario. Liability will be determined if there is a lawsuit. With that said, the law in every state is different in determining liability when the insurance policy holder was not the driver when the accident happened. In some states, if the owner gave permission to the driver who caused the accident to drive the car, then the owner's insurance policy would apply. It is best for you to contact a personal injury lawyer in your state to determine what the law is and what your rights are. Best of luck.

   This response is for information purposes only. This response does not consitute legal advise.

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4. 

   Brian PascalePro

   Garden City Car / Auto Accident Lawyer

   Contributor Level 16

   

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   Answered June 01, 2011 07:58. Contact an attorney in your area. The insurance carrier is going to continue to play games with you. If the other driver was operating the vehicle with the owner or insured's permission, then they are covered.

   Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... moreMr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received. less

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