He won't cooperate with his insurance company...

[cruceno2001]

What is the name of your state? Virginia

I was involved in an accident over 3 weeks ago. I was traveling southbound when another vehicle pulled out in front of me to go northbound. He was perpendicular to traffic when we collided. Police responded and filed a report, also issuing him a ticket for Failure to Yield to Traffic when turning left.

I have a few questions and hope you gurus can help me...

-He hasn't responded to his insurance company to give a recorded statement, and they (Geico) won't determine liability or pay until he does so. It has been over three weeks. Is there something I can do to compel him to cooperate?

-Is there a statue of limitations detailing how long he has to respond to the insurance company before he is determined at fault? i.e. If he doesn't respond withing X amount of time, the insurance company will use my statement and the police report to determine that he is at fault?

-Due to his delay, I have been without my vehicle since the accident. Can I file a Warrant in Detinue in civil claims court saying that his actions have "unjustly held my possessions?"


Thanks in advance

 

[ecmst12]

If he doesn't cooperate with his insurance company, he is in breech of his contract with them and they MAY not be liable to pay on his behalf.

If you want to compel him to cooperate, sue him. That should get his attention.

 

[cruceno2001]

Thanks ecmst,

Suing him is the way that I'm leaning now. I think I have been more than patient in this matter, and now I'm getting tired of him being a deadbeat.

What grounds exactly would I have to sue him on? Unfortunately, I don't think that just being lazy constitutes good legal grounds to sue someone!

 

[Zigner]

Thanks ecmst,

Suing him is the way that I'm leaning now. I think I have been more than patient in this matter, and now I'm getting tired of him being a deadbeat.

What grounds exactly would I have to sue him on? Unfortunately, I don't think that just being lazy constitutes good legal grounds to sue someone!

Sue him for the ACCIDENT. Sue him for your actual damages. You have no cause of action based on him not responding to the insurance company. You can include the cost of your rental vehicle in your suit...

 

[JennyP410]

We were in the same situation with our recent motorcycle accident. The other party's insurance company said that he had 30 days to respond, and that they didn't care what the police report said.

However, they also contacted the two witnesses listed, who confirmed our story. They decided at that time that he was liable. I don't think he ever responded.

But I realize every case is different, and so is each insurance company.