3rd party claim in MA

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

I watched a driver back up into my car, smashing the headlights & causing other damage. We exchanged info. and I filed a 3rd party claim with her insurance. They sent out an appraiser; significant damage was noted.

Her insurance says there is no proof their insured hit me (!) & she has not reported or answered to them.
They are making me wait the maximum amt. of time to settle, but I need a rental car as it is unsafe to drive, need repair and an inspection sticker.

Should I just rent a car and sue? My insurance was no help (Amica) as they told me to file a 3rd party claim and now say I can't file a "2nd" claim with them.What is the name of your state (only U.S. law)?

If you have collision coverage you can certainly use it. If you don't, you need to wait for the other person's insurance to complete their investigation. You can also pay for the rental and repair yourself and sue the person who hit you in small claims court for reimbursement.

3rd party claim

Thanks for the reply.

I don't want to have to sue. Wondering if no response from the person that hit me means their insurance won't have to cover for them if I sue?
I'm beginning to think they are here in this country illegally perhaps.

I have collision coverage, just not rental insurance- but my insurance told me not to file with them (my insurance) but to go through the other insurance- the other insurance is making me wait. I have to get a rental because my inspection sticker will expire. I can't afford to pay for a rental and most people I talk to think the other insurance has to pay for my rental since I was not at fault. (not even in the car which was parked legally in a spot near other cars)

Would love to hear from someone whom successfully recovered $ for repair + rental....or can advise how...

If you serve the driver with lawsuit papers, that should at least get their attention and get them to contact their insurance company. The adjuster can't make a decision until he gets a statement from the driver.

Get your car fixed.
If you think someone is going to reimburse you for a rental for the duration it takes this course to be decided, you're dreaming.

Listen to ecmst.

dcf103 said:

Would love to hear from someone whom successfully recovered $ for repair + rental....or can advise how...

Click to expand...

I sued in Mass small claims, but there was really no question of liability. The argument was over the value of the car. They offered $1,100. I was awarded $3,500. I brought in ads from local dealers for similar cars, and also pointed out the flaws in their appraiser's report and valuation.

I filed suit 30 days after the accident, got a court date six week later, and had a check two weeks later, so it took about three months in total.

Since you're paying for collision, you should really put the claim through your own. That's why you're paying them. Let your insurance company fight it out with the other guy. It's their job, and if they tell you it's not, ask for a supervisor.

If you pay for the rental out of pocket, you will likely eventually get it back once your insurance company has settled with the other guy's insurance.