Auto Insurance Claims: Cant get a hold of the other party, witness fees, expert witness


Question
I was driving on the expressway outside of Chicago and was rear ended while moving.  There was about 1000 dollars damage to my car.  I did not call the police or notify the dmv.  We exchanged info and I filed a claim.  The other party now is not returning phone calls or even talking with their insurance company.  Their insurance company says they cant do anything until they get in touch with the guy who hit me.  Two months has gone by and they still havent gotten a hold of him.  I talked to him once about a month ago and they said they would cooperate.  They havent.  What steps can I take?  Should I file a claim in court?  My insurance company has senty letters but still no responce.  Am I out of luck here?

Answer
Hi John,

I you got the other guys address, you should send him a certified letter telling him that if he does not call his insurance company and tell them what happened within 3 days, that you will have no choice but to file a lawsuit against him personally. In the letter you should also state that if you have to go to court you will also be suing for court costs, attorney fees and expert witness fees as will which could triple or quadruple the total amount.

I hope this helps
Richard Hixenbaugh