Common Legal Questions

Question of the Week – Receiving compensation for a damaged vehicle by the at fault party

John asks:

I was involved in a car accident where someone changed lanes and hit me. I was in the left lane and deemed not at fault.   I have no insurance but the other at fault driver does. I contacted his insurance company and they said he needs to lodge the insurance claim himself.  I contacted him and he refused to lodge a claim. What do I do in this case to ensure damage to my vehicle is compensated for by the at fault party?

Brydens Lawyers’ answer:

What you have raised is unfortunately a difficulty that is encountered quite regularly. That is, if the party at fault does not make a claim on their insurance then the claims process itself is not activated and the insurer will not respond to a claim as against its insured. It is of course open to you to try and encourage the other party to make a claim on their insurer. If they fail or refuse to do so then there would be no reason why you should not commence formal court proceedings to recover the damages to which you are entitled. Such proceedings would no doubt focus the attention of the other party who would be motivated to contact their insurer. Brydens Lawyers are available to assist and should you require legal representation please click here to contact us to speak with one of our experts.

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