Person at fault refuses to contact ins. company.

[padietitian]

What is the name of your state (only U.S. law)? Pennsylvania

I was rear ended. The police officer told me that the other person accepted full responsibility, as I was completely stopped at a light and she made no attempt to stop and hit me. I contacted my and her ins. companies. Her ins. co. says they are unable to contact her, she won't call them back. I hear that she has 30 days from the accident to call the ins. co. My deductible for collision is $1000, of course I can go thru my ins. co and pay the deductible then they said they would try to get the deductible back from her if it's more than $1000. My quesiton is, if I get it fixed and it doesn't cost $1000 (which I don't think it will), what recourse do I have against the driver at fault. Would she be responsible for attorney fees if I sue her for the damage and I win? Thanks for any help.

 

[ecmst12]

You have to give her insurance company a reasonable chance to contact the driver. They will make every effort before giving up. It could take 30 days or possibly longer. After they have made all efforts, they MAY decide to accept liability based on the police report, or they may refuse to settle before talking to their insured. You need to get an estimate first, they should get that done for you, so you will know if you should go through your insurance or not. But if they haven't been able to contact her and won't settle based on the police report even after more then 30 days, and the damage is less then your deductible, then a small claims court would certainly get her attention and hopefully get her to call the insurance company back.