Property damage by neighbor

[easementowner]

What is the name of your state?WI
My neighbor's cousin drove on and damaged my new driveway in neighbor's vehicle. Neighbor's insurance is American Family. Hit and Run accident was at the beginning of November. The estimate for repair is $4,200. The insurance company has not paid, and will not provide me a reason in writing as to why. They have asked for a copy of our exclusive easement agreement (driveway is 10 feet wide, 4 feet are easement) and a copy of the survey. I can't find a personal accident attorney to take the case, and I can't get the insurance company to pay. Any ideas to motivate them? Is it possible for me to sue for anything beyond the repair costs? I will be unable to use my driveway for 1 week following the repair. The neighbor and I do not get along to put it mildly. Thank you for your assistance.

 

[JETX]

I can't find a personal accident attorney to take the case

Very hard to believe.... unless you mean to find one willing to take it on a contingent fee basis.

and I can't get the insurance company to pay.

Then it sounds like you are going to have to go out and pay an attorney.

Any ideas to motivate them?

Yep. File a claim against your own insurance. They will then pay and subrogate, if appropriate.

Is it possible for me to sue for anything beyond the repair costs?

Depends on the claim.

I will be unable to use my driveway for 1 week following the repair.

Not compensable.

 

[easementowner]

Thanks Jetx

I really appreciate your responding. I will take your advice and pay the attorney (too small for contigency). Do you think I should also file a complaint with the Wisconsin State Office of the Commissioner of Insurance?

Thank you,