• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does the other car insurance have obligation to pay compensation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

coody

Junior Member
What is the name of your state? GA
Does the other car (at fault) insurance have obligation to pay compensation on behalf of its client or the wrongful driver insurance has no obligation to do it?
 


coody

Junior Member
That really depends on the situation. If you care to give us more details, maybe we can answer.
Can you tell the situation that the at fault driver insurance has no obligation to pay compensation but the wrongful driver does?
 

ecmst12

Senior Member
That doesn't make any sense. What happened in the accident, and whose insurance does not want to pay, and what reason are they giving?
 

ecmst12

Senior Member
I'm not going to go off wildly speculating. Either tell me what your SPECIFIC situation/question is, or I'm not helping.
 

VeronicaLodge

Senior Member
sue the driver, either his insurance will defend him, or they are denying coverage to him for some reason and he will have to defend himself.
 

coody

Junior Member
So the compensation must be paid either by the at fault driver or his insurer. I am talking about the car accident. The wrongful driver is 100% at fault. Can the wrongful driver’s insurance says we have no obligation to pay when the no fault driver demands compensation.
 

VeronicaLodge

Senior Member
they can if he somehow violated his policy making the claim not valid. in which case he is liable but that is between him and his insurance carrier, not you. he is liable to you whether his insurance pays it or not, does he have any money or assets to collect from?
 

fcobarr

Member
coody

if the driver doesn't pay you, and if the insurance doesn't accept your claim and pay, then the only way you can try to recover from either party is to sue. The at-fault driver will then submit the lawsuit to their insurance....as Veronica said if for some reason they are not obligated to represent their client, they won't, and they must hire counsel or represent themselves and a judge will sort it out.

You are really not giving many details for people to help you. Has the at fault party accepted liability? Have they told their insurance they accept liability?

Good luck.
 

coody

Junior Member
There is no doubt the at fault driver is 100% fault because he was cited by police in an accident. However, the at fault driver’s insurer represents the at fault driver to negotiate a settlement with me. When I said to the insurance (other car) you have an obligation to pay compensation because your insured struck my car by violation. The insurance responded, “we have no obligation to pay compensation.” I do not know whether it is right or not. Neither do I know how to reply. Should I demand the compensation from the at fault driver directly now or say to the other car insurance you do have an obligation to pay compensation on behalf of your client? Is there any people know it?
 

ecmst12

Senior Member
Just because he was cited does not necessarily mean his insurance company will assign 100% of the fault to him. Police officers make mistakes. You STILL haven't described what happened in the accident or WHY the insurance company claims they're not obligated to pay.
 

fcobarr

Member
Is the compensation you are referring to for damage to your car? Medical bills? Or, pain and suffering?

You can demand compensation from whoever you want...no one is obligated to give you anything. You can not just demand money from the person and/or insurance and expect them to give it to you. It doesn't work that way. There is a system and a process to follow.

If you have collision coverage, that should pay for your car damage. And your auto insurance or health insurance should pay for your medical bills. After your insurance pays your bills, they will go after the at fault insurance co. to recover if the at fault insurance co accepts liability.

If you want pain and suffering compensation you need to prepare a demand letter explaining how much you want and why. The insurance will then respond to your demand, and possibly offer a settlement amount. If you are happy with it, you accept it. If not, hire an attorney and sue the at fault party. They will then submit it to their insurance to defend them.

What are your damages/injuries? You really need to provide more information for people to help you.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top