At-Fault Driver Not Responding to Insurance? Here Is What to Do

The insurance adjuster says there's a problem with your car accident claim: the other driver won't return their calls. Until they hear from their policyholder, they're refusing to decide who caused the crash or whether they'll pay.

Meanwhile, you're dealing with vehicle repairs, medical bills, and missed work because of a car accident you believe someone else caused. After several calls to the insurance company, you're no closer to getting an answer.

If the at-fault driver is not responding to insurance, the insurer has other ways to investigate the collision, although the lack of cooperation could complicate its decision. Rather than waiting indefinitely, you have options for pressing the company for answers.

Pierce Skrabanek helps people seriously injured in car crashes when insurers dispute or delay their claims. Call (832) 690-7000 or contact our office online for a free consultation.

What to Do When At-Fault Driver Will Not Respond: 7 Steps

1. Find Out Why the Insurance Company Hasn't Made a Decision

An adjuster saying they're waiting for the other driver tells you little about the investigation. Find out whether the company has confirmed coverage, obtained the crash report, contacted witnesses, or identified a dispute over fault.

Request an explanation of what's preventing a decision and when to expect another update.

2. Submit the Accident Records You Already Have

The insurer has ways to investigate without relying entirely on its policyholder's account. Send copies of:

• The police crash report or report number
• Photographs of vehicle damage and the scene
• Witness names and contact information
• Available dashcam or surveillance footage
• Repair estimates
• Medical records and bills related to your injuries

Retain copies and note when the insurer received them.

3. Get the Insurer's Explanation in Writing

After several calls without progress, switch to email. Request written confirmation of the delay, what information remains outstanding, and the expected date of the next update.

Save the correspondence. If the explanation changes or promised updates never arrive, you'll have a record of what the company previously told you.

4. Check Your Own Insurance for Available Coverage

Your auto policy could help pay certain expenses while the other insurer investigates the car crash:

• Collision coverage: Covered vehicle repairs, subject to your deductible.
• Personal injury protection (PIP): Certain medical expenses and lost income where available.
• Medical payments coverage: Qualifying accident-related medical bills.
• Uninsured or underinsured motorist coverage: Protection in qualifying situations under your policy and state law.

If your insurer pays for repairs, it may seek reimbursement from the responsible driver or their insurance company.

5. Find Out Whether the Driver's Refusal Is Affecting Coverage

Most auto liability policies require policyholders to cooperate with accident investigations. Refusing to answer calls or provide information could violate those obligations.

An insurer's ability to deny coverage for noncooperation varies by state and policy. In certain jurisdictions, the company must show that the refusal harmed its ability to investigate or defend the claim.

If the adjuster mentions a cooperation clause or coverage denial, request the reason in writing.

6. Check the Deadline for Filing a Car Accident Injury Lawsuit

An unresolved insurance claim usually won't extend the deadline for suing the responsible driver. Filing deadlines vary by state, and certain cases have shorter notice requirements.

If the insurer has spent months trying to reach its policyholder, find out how much time remains to file a lawsuit. Ongoing negotiations won't necessarily protect your right to sue.

7. Contact a Car Accident Attorney if the Claim Remains Stalled

When the insurer refuses to decide, a car accident attorney can obtain additional records, investigate disputed responsibility, and address the company's explanation for the delay.

If negotiations fail, filing a lawsuit against the responsible driver allows the case to proceed without waiting for voluntary cooperation.

Still waiting for a decision while medical bills continue to arrive? Pierce Skrabanek helps injured clients challenge disputed claims and seek payment for accident-related losses. Call (832) 690-7000 for a free case review.

Why Would the At-Fault Driver Ignore Their Insurance Company?

A driver who refuses to speak with an adjuster might fear higher premiums, disagree about who caused the accident, or worry about losing coverage. Their refusal to cooperate is not an admission of fault.

The driver's behavior also raises a separate concern about whether the insurer will attempt to deny coverage under the policy's cooperation provisions. The answer turns on the policy and the law governing the claim.

Can You Sue a Driver Who Won't Cooperate With Their Insurer?

Yes. If another driver's negligence caused your injuries, filing a personal injury lawsuit is an option regardless of whether they've spoken with their insurer.

During litigation, attorneys can request documents, obtain testimony, and seek information about the collision. If the driver ignores the lawsuit after receiving legal notice, the court has procedures for addressing that failure to respond.

Winning a lawsuit doesn't ensure payment. Available insurance and the driver's financial resources affect whether a judgment can be collected.

How Long Can an Insurance Company Delay a Claim?

Insurance claim-handling deadlines vary by state and type of claim. A claim under your own policy may be subject to different requirements than one against another driver's liability insurer.

If the at-fault driver is not responding to insurance, request an explanation of whether the company is still investigating fault, examining coverage, or preparing to deny the claim. You can also contact your state's insurance department about the insurer's handling of the matter.

Pay attention to the lawsuit deadline even while trying to resolve the insurance dispute.

Pierce Skrabanek Helps Clients With Delayed Car Accident Claims

Pierce Skrabanek has recovered over $500 million in verdicts and settlements for injured clients, with more than 30 years of combined legal experience. Our firm handles car crash cases where insurers dispute fault, question injuries, or refuse to offer fair compensation.

If the other driver's insurer has stalled your claim because its policyholder refuses to cooperate, bring us the correspondence, accident report, and any settlement or denial notices you've received. We'll assess the dispute and explain what legal action is available.

Call Pierce Skrabanek at (832) 690-7000 or schedule your free consultation online.