If I have an incident report showing a driver at fault can his ins deny my clm if the insured never calls back

My parked car was struck %26amp; the driver admitted fault to the officer in the incident report. Now I am trying to get my claim paid for my damages %26amp; the adj. is stating that if the insured does not respond after several attempts via phone %26amp; after 2 attempts via mail than the insured's ins. co. can deny my claim %26amp; that I will have to take this to small claims court. Can this be true?!?!? It has taken us twice to go thru our sherriff's dept due to he would not give us his ins. info %26amp; then he gave the wrong info. And now, that I have the correct info, I have to deal with this. It seems that if this was true, then everyone involved in a minor accident would take this route %26amp; let it get tied up in small claims court. The sad thing about this is, that this is a union bricklayer owner %26amp; is refusing to take care of his damages of $1900 dollars. But note, on his website he states that his company had 1 million in sales in 1995.|||If you have a police report that assigns fault, then that is all the insurance company should need. My car was once hit by a driver who was insured by some obscure out-of-state company, that I had to track down over the Internet. When I finally got in touch with someone there, I discovered that he had never reported the accident to them. They gave me a fax number to send the police report to. I sent it, along with the damage estimate, and they paid the claim immediately.





I must agree with apriljunemarch. If his insurance company will not cooperate with you, just turn it in to your own company. They will have a subrogation department, whose job it is to recover money from other insurance companies.|||report the incident to your insurance company and your insurance company will take legal action against him as long as you have his information on the incident report also you shouldn't have to pay a deductable due to your vehicle being parked.|||you pay your insurance to cover you and represent you this is where you let the money you been paying your insurance company to work for you. call them and let them know what happen and file a claim. then your car will get fixed alot faster|||It depends on what state. Laws vary state to state. Check with legal aid.|||Great question! You can file it with your insurance company if you have full coverage. This will help you out tremendously because your insurance company will go after the reimbursement. I hope the person has insurance at all. If he gave you the wrong info something sounds suspicious. Not everyone is dishonest and most Americans will do the right thing. That is why we don't let every incident get tied up in small claims court.|||Those above who recommend filing with your own insurance company are correct. If the other person's insurance company denies the claim, then your insurance can subrogate the responsible party directly.





You could choose to handle it on your own in small claims court, but this would be a lot of hassle for you when your insurance company has people trained to do so. Depending on the state, they can have the responsible party's license suspended, and run his credit through the mud.





And yes, the insurance company can deny the claim if their insured never calls them back. It does happen from time to time that I deny a claim based on "non-cooperation" from our insured. Even if there is a police report or witnesses, most policy contracts stipulate that for a company to provide coverage, their insured must cooperate with them in any investigation.