I have video and a witness to a car accident. How do I get my insurer to pay for my claim?
If they won’t pay or settle, you’ll need to sue. The driver would tender the claim to their insurer; the insurer would have to defend them and, if liability is found, be ordered to pay. You generally can’t name the insurer as a defendant at the start in many states (including Florida and California). You win a judgment (or reach a settlement), then you can proceed against the insurer to collect per that state’s rules. In some states (historically Louisiana), “direct action” against the insurer is/was allowed in limited circumstances.
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The at-fault vehicle owner’s insurance won’t pay for my accident.
I’m sorry to hear that. Have you already filed a claim with your own insurance company?
Yes.
Can you share more details about the crash and your communication with the at-fault driver’s insurer?
I was sideswiped. I have video proof and an independent witness. The insurer says the claim is “in review.” I suspect the driver wasn’t licensed and/or not a listed driver. Total is under $5,000.
Is there anything else we should know?
Yes.
Thanks for reaching out—happy to help. How are you? Did they say why they’re denying the claim? Have you sent them the video and witness info?
No.
If they won’t pay or settle, you’ll need to sue. The driver would tender the claim to their insurer; the insurer would have to defend them and, if liability is found, be ordered to pay. You generally can’t name the insurer as a defendant at the start in many states (including Florida and California). You win a judgment (or reach a settlement), then you can proceed against the insurer to collect per that state’s rules. In some states (historically Louisiana), “direct action” against the insurer is/was allowed in limited circumstances.
