In the immediate aftermath of a car accident, there is an unspoken agreement between motorists that they’re supposed to exchange information. Once the scene is clear, that information will be used to process and sort out the insurance claim needed to provide compensation for any damages or medical expenses.
Being involved in a car accident is going to trigger all kinds of stress. That stress is compounded when the at-fault driver breaks the agreement and doesn’t cooperate with the insurance claims process. You may expect the driver’s insurance company to handle your claim, but what happens if the driver refuses to communicate or ignores their insurer? That insurance carried would be hesitant to act until they have the complete story from their policy holder.
By understanding your rights and the options available in this situation, you can take the steps necessary to recover your losses.
The Role of the At-Fault Driver in the Insurance Process
When a car accident happens, the at-fault driver must report the incident to their insurance company. The insurer then investigates the claim, reviews evidence, and determines liability.
However, some drivers fail to cooperate because they want to avoid responsibility, are uninsured, or believe they can delay the claims process.
While this can be frustrating, an unresponsive driver doesn’t mean that your claim is automatically going to be denied. Insurance companies have their own way of handling these situations, and you have alternative options, as well, if the process stalls.
How Insurance Companies Handle Unresponsive Drivers
Insurance companies have experience dealing with uncooperative policyholders.
The company may still process the claim using available evidence if the at-fault driver does not respond to their insurer. This includes police reports, witness statements, and damage assessments.
Many policies require policyholders to cooperate with investigations, and refusing to do so could result in consequences for the at-fault driver, such as policy cancellation or claim denial.
If the at-fault driver’s insurance company refuses to move forward due to a lack of cooperation, you may need to take additional steps to protect your interests.
This could include working with your own insurer or consulting with a Seattle car accident attorney to discuss your available legal action options.
Filing a Claim Through Your Own Insurance
If the at-fault driver’s insurer cannot process your claim, you may be able to seek compensation through your own insurance policy. Depending on your coverage, the following options may apply:
- Uninsured Motorist Coverage: If the driver is unresponsive because they are uninsured, uninsured motorist (UM) coverage can help pay for your damages.
- Collision Coverage: If you have collision coverage, your insurance should pay for the repairs to your vehicle, regardless of who was at fault. You may need to pay a deductible, but your insurer could seek reimbursement from the at-fault driver later.
- Medical Payments/Personal Injury Protection (PIP): These coverages can help pay your medical expenses for injuries related to the accident, regardless of whether the at-fault driver responds.
It is important to check your policy and discuss options with your insurance provider to understand what coverage applies to your situation.
Taking Legal Action Against the At-Fault Driver
If the at-fault driver and their insurance company fail to address your claim, you may need to consider legal action.
Filing a personal injury lawsuit can force the driver to take responsibility for their negligence. A lawsuit can help you recover compensation for medical bills, vehicle damage, lost wages, and pain and suffering.
A lawyer will gather key evidence, negotiate with insurers, and represent your interests in court if necessary. In some cases, initiating legal proceedings can prompt an at-fault driver or their insurer to settle the claim.
Steps to Take When with an Unresponsive At-Fault Driver
If you find yourself in this situation, it’s imperative that you take the right steps to improve your chances of recovering maximum compensation:
- Document Everything – Keep copies of all communication attempts you make with the at-fault driver’s insurer. Save copies of your police report, medical bills, repair estimates, and any other documentation related to the accident and your injuries.
- Notify Your Own Insurance Company – Inform your insurer about the situation and discuss potential alternative paths for covering your damages.
- Be Persistent with the At-Fault Driver’s Insurer – Follow up regularly to check on the status of your claim. If the insurer refuses to move forward due to a lack of cooperation, ask for their official written response.
- Consult an Attorney – A legal professional can help determine the best course of action through insurance negotiations or a lawsuit.
At the Law Offices of Justin R. Boland, PLLC, we understand how an unresponsive at-fault driver can complicate the claims process, but it doesn’t mean you’re out of options.
Insurance companies have ways to proceed with claims even if their policyholder refuses to cooperate. If you have the right insurance coverage, you may be able to recover your losses through your provider.
In cases where insurance does not provide a solution, legal action may be necessary to seek the compensation you deserve. Taking proactive steps and seeking professional guidance can help ensure you are not left covering costs for an accident that was not your fault.
If you’re experiencing an uncooperative driver or insurance company, our experienced legal professionals can help. We can step in and take over communications with the insurance company. Our advocacy can speed up the process and provide you with a clear understanding of where you stand with regard to any possible settlement. You don’t need to take on the insurance company on your own when there is experienced legal counsel standing by to help.
