I have been seeking resolution of a claim I filed against the woman who was at fault in a car accident sustained on 9/21/07. She has been uncooperative with her insurance company. The ins. company originally said they could make a liability decision without speaking with the insured after 21 days. They refused to do so, despite having a police report indicating she was at fault. Now, after 36 days, they have finally denied it.
Can they legally deny this claim? Can they still be held legally liable for these damages?
I am now going to file on my uninsured motorist policy. A second estimate indicated my car may be totaled (1st estimate was $2500 and 2nd est. was $3700 in damages). I also had a rental car for the first month for a total of $945. Do I have a chance of getting my car fixed and the rental paid for through insurance, or should I sue the individual directly? If I sue, should I sue for treble damages since she has willfully refused to cooperate with her insurance?