Ask an Attorney a Question for FREE!
Case of the Non-responsive Rear Ender
Driver A gets rear ended while stationary by Driver B, who was going very slowly but didn't come to a stop in time, therefore, bumping Driver A. Both drivers exchange contact information but Driver B doesn't provide who their insurance carrier is.
Driver A files a claim with her insurance company and total amount is $862. Driver B doesn't inform their insurance company of the incident nor files a claim. Driver A's insurance company tries to contact Driver B to get their insurance company name so they can collect the $862 paid to Driver A.
Driver B doesn't respond to Driver A's insurance company calls, or the subrogation collection company.
My question is, does Driver B have any obligation to pay driver A's insurance company? If not, why? And what are the legal implications for Driver B, if any?
Answer to Case of the Non-responsive Rear Ender
Well, there is no real obligation to Driver A or Driver A’s insurance company or agents. No one is obligated to talk to anyone else unless there is a contract or some sort of agreement. An accident does not fall in that category.
Driver B may have to speak to his/her insurance company. If they do not, Driver B’s insurance company may deny coverage on the basis of no cooperation. This would leave Driver A even in a worse position with no coverage.
Your options is to have your company cover it and maybe try to collect the deductible by small claims suit. Talk to your adjuster about that. They can also go to arbitration based solely on the non disputed facts.
Click here to post comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.
Please see more answers to recent personal injury and auto accident questions below:
For a Free Review of Your Case