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QuestionInsurance Question  My wife was in an auto accident and the other party was in the wrong. I have given the other person's insurance and her two different estimates for the damage. The women is telling me they want to pay out of pocket and not to file a claim with her insurance, but she has not paid yet and is avoiding our phone calls. How can I get the money from her? How long does she have before she has to pay? Can I call the police and file a report against her?

AnswerAuto Insurance Answer

State laws differ so it will depend upon those laws, plus likely local police jurisdiction guidelines if you can still file a police report. You can call the local authorities and see if they will take an accident report or not.

It is also up to state laws for how long the other party has to pay for your damages. If she continues to ignore your phone calls you may want to go ahead and place the claim with her insurance carrier. If for some reason her insurance is not valid or does not accept the claim and she continues to dodge your request for the payment of repairs, you may want to file a court case against the at-fault party and seek a judgment against her for the amount of the repairs. There is usually a state law with regards to the statute of limitations (time period) you have to make a claim in court against another person in a situation such as this.

When a person wants estimates and pay out of pocket, it can sometimes be difficult for them to actually pay for your repairs. Many times it is easier and more efficient to place a claim with their insurance provider so that your car can be repaired in a reasonable amount of time.

Our article, Simple Steps to Filing Your Car Insurance Claim, may be of help to you as well as other informational articles in our Learning Center.

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