Legal Question in Traffic Law in Georgia
Accident the fault of other - Insurance company does not respond
My son was in an accident caused by the other driver pulling out in front of him. No one hurt but about $3500 damage to our car. Names and insurance company information was exchanged onsite but no police report filed. We notified our insurance company but as we have only liability coverage, this was notification only in the liklihood that the other party contacted them and try to file a claim. We contacted their insurance company and have filed a claim. They sent adjuster to visit our car but no other action has taken place. Their insurance company continues to tell us that they can not and will not do anything until they speak with their insured. They claim that they have attempted on a number of occassions to contact them via mail and phone but no response. My son neglected to get their phone number, address or their car tag number. I am at a loss. I have put the vehicle in a repair shop just to repair left front wheel and suspension damage to get the car drivable as my son is in college and needs it for daily transportation. This will be about $1500 out of my pocket and still does not fix the body damage. Please help...I do not know what I should do next.
1 Answer from Attorneys
Re: Accident the fault of other - Insurance company does not respond
Your son broke the law (and likely made a claim far more difficult) in not making a police report.
It is possible that the other driver gave phony insurance or ID information, in which case you are out of luck.
Even with good information, it will be harder to prove fault because of no report. You can make a complaint about the insurer to the state insurance commissioner. That may expedite a response.
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