Can I hold an insurance company Liable for payment of vehicle?

I recently backed into in a parking lot. I waited for the police for 3 hours. The person who hit me wouldnt give me his insurance and just told me to go through mines. Long story short,, we found him and he had insurance but refuses to work with his insurance to fix my vehicle.. He avoids their calls and letters. My vehicle needs repairing and his insurance is active.. His insurance stated that the accident seems to be their fault but they can't fix my vehicle until they catch up with him.. What are my options? It seems that my car may be totaled and I dont want to spend on more red cent to fix it, when it's not my fault. Please help! Can I file something with the insurance commissioners or something.
Additional Details
The damages will out weigh the repair they say..So I dont want to have to pay a 500.00 deductible when it wasnt our fault. I have a police report but they say it was private property so it's for the insurances...The damage is over 1,400 and the vehicle would blue book around 900.00

mythoughts

Since the other guy is not responding I would file a claim with your insurance and get your car fixed. Then let them go after the othe guy. Your insurance should fight for you. You may have to pay your deductible but you should get it back once they can get the other persons insurance respond.

ESME-Q

What you need to do is enter the claim with your insurance company so that they can work with that other company and get your money back, of course you will need to pay the deductible but you will get it back after the other insurance pays what is owed, they are giving you the run-around on purpose because they don't want to deal with you or pay out. But yes they are responsible of paying that claim so you should call your insurance and get them involved.

stever

Being how he had insurance at the time of the accident they should know better then to tell you that, If you haven't told your insurance you need to. All they need is the accident report from the police stating fault, all they need him for is to tell him they are dropping his insurance for being a MORON. Remember in cases like these sometimes you have to put out some cash but the insurance comp. will have to reimberse you.

MIKEnJAPAN

Let the insurance company handle this. They have attorneys and other legal pros that will catch up to him and his insurance company.

Also, make sure the police are informed of the accident and his refusal to give insurance info. He will get in trouble because it is the law.

mbrcatz

Nope, YOU can't hold ANYONE liable. A judge does that.

They won't hold an insurance company liable, unless the car that hit you, was owned by that insurance company.

You have two options - you can either sue this guy directly, or, you can file the claim with your insurance company if you have collision coverage.

HIS insurance company has a duty towards HIM, not you. So if he isn't cooperating, or doesn't want to acknowledge the claim, you're going to have to sue him directly.

But the MOST that his insurance has to pay, or your insurance has to pay, is the actual cash value of the car. Then, when your insurance goes after him, they'll get that deductible back, and reimburse you.

FRANCES H

My suggestion is trying to absorb as much information as you can before making up your mind,here http://www.CarInsuranceTip.info/free-car-insurance.htm is a good one.

eric

You could sue the driver in small claims court if his insurance isn't going to pay.

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