I was waiting for a green light on the intersection and was rear-ended by the car behind me. Since my car is very small and his is large, my car had been severely damaged. I was not injured but was very shocked and confused. We exchanged insurance information, but I did not call the police since the other driver seemed to be cooperative and I did not have injuries. I failed a claim with my insurance company. The agent from my company took a recorded statement from me, as well as the agent from the other driver's company. Both agents agreed that the other driver was at fault. However, the other insurance company denies my claim because, as they say, they are unable to contact their insured and take his statement. My insurance is going to pay for the repair of my car, but I still have to pay the deductible and for the loan car. It looks like my insurance company is not going to do anything in order to recover the money from another company and reimburse me, only because the other company cannot reach their insured and get his statement. Are there anything I can do to make them pay?
If the at fault carrier has independently concluded that their driver is at fault, they have a duty to pay the liability property damage limits which would include your deductible. They can only disclaim coverage for non cooperation in relation to the other drivers damages. Of course, it is risky to try to settle the claim with the other carrier especially if you had other injuries or damages that weren't covered ask your carrier if they intend to subrogate, if so, then they might be able to recover your deductible in intercompany arbitration
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
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