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Other Party Refuses to Cooperate

by Allie
(Baldwin Park,Ca,U.S.A)

I was involved in a car accident on July 16th where I was making a left hand turn and was hit by a car running a red light.

At the time of the accident, the other party admitted fault and said she had no injuries.
I had no injuries and my passenger had no injuries either.

called the police to file a report but they said that they would not come out if there were no injuries.

When I went to file my claim, the adjuster working on the claim informed me that the other party was now claiming injury and asserting that the accident was my fault (we both have the same insurance company).

The other party has also hired an attorney who has told his client not to speak with the insurance company about the accident.

The other party, as instructed by their attorney, has also not gotten an estimate for the damages to her vehicle.

Is there a time limit as far as how long the other party can refuse to give information about the accident to the insurance company?

What are my rights in this situation?

If I am taken to court by the other party, will my insurance company supply me with legal counsel?


Hello, I am sorry to hear about this situation. Usually, the other party has 30 days to cooperate with the investigation.

However, if they have legal counsel, the insurance company might give them more time.

In either situation, the alleged medical bills must be paid by her/his insurance company first under the PIP portion of the claim. What this means that is that THEY have a duty to prove their case if they want coverage.

They are bound by the policy, and if they do not cooperate, then the insurance policy will not provide coverage for them (their policy).

In essence, this will also mean that they cannot prove their injuries to your policy either, but they can try.

Remember, there are many frivolous lawsuits out there. Looks like you might be a victim here.

Your insurance company (policy in this case) will provide you with a lawyer and protect you against their allegations.

Good Luck

Comments for Other Party Refuses to Cooperate

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Aug 18, 2012
Auto Clains
by: Anonymous

In order to prove an accident not to be your fault, you almost need to drive with a video cam on, like the cops do to have proof to be at no fault when they stop some unruly driver.

Good insured drivers, specially at no fault drivers involved in an accident, are at the mercy of the insurance companies and the opposing drivers. Your word is not as good anymore. You need hard core evidence, as I said like video. I know, it is unrealistic to go driving around with a cam on to protect your property and even your life. Because of other crooked drivers, who would not own up to their decision-making and their bad insurance companies who want to save money and do nothing; it is almost coming to driving with a cam on. Pictures, written notes, etc. are not as strong any more to back you up on your claim.

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