-Well I was rear ended and the lady gave me her info admitting fault and I filed the claim through her company since mine didn't cover it. Now they won't pay cause they can't get a hold of her so they can't get a statement. What can I do to get her to respond? I have sent emails to her Facebook (its the only email I have for her and her phones disconnected) and have proof she has been on since I have notified her. Her company won't except her non response as an admission of guilt. What can I do?Only the policyholder can actually "file a claim." What you are actually attempting to do is negotiate a settlement with her insurer, which has no contractual or legal obligation to you. If you can't get an offer or don't like what they offer, your only other avenue is a possible lawsuit against the other driver. This is why YOU should carry collision/comprehensive coverage on your insurance.
Your e-mails and her "admission" are meaningless.
Call your own insurance company and get them involved. The fact that you are not filing a claim through your insurance company does not mean that you should try to handle this yourself. What you're doing is not working. Your insurance rep can call the other driver's insurance company on your behalf and fight for you. Your agent will know how to deal with the other insurance company because it's his/her job. You do not need to waste time sending emails to the other person or trying to get her to come forward.
There is no way you can force her to respond to her insurer. Further, her insurer has no obligation to you; it's only obligation is to cover HER per her policy limits. If you failed to carry your own collision insurance, your only remedy is to sue the other driver directly.
You can sue her for causing the accident. If sue her, and you win in court, or if she does not show up for court, then the insurance company will have to pay you.
However, if you sue only the insurance company, then they will not have to pay.
Well, you could file a small claims court against her, THAT would probably make her respond.
Just do whatever you'd do, if she HAS no insurance. File the claim with your insurance, or sue her. Those are your only two options, unless you count just walking away.
You sue her in small claims court for the damages. If that doesn't wake her up, nothing will.
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