Auto Insurance Claims: at fault driver, non-cooperation

Question
Hello.  My son was involved in an accident in the parking lot of a small restaurant and juice bar.  The driver of the other vehicle made her turn too wide and came into my son's lane, hitting him on the left rear passenger side.  This occurred on June 11th.  The driver of the other vehicle and her husband own and operate the juice bar.  Since then, my son has been on the phone every day with our insurance agent as well as theirs.  We were told on the 21st that they were wrapping things up and he should have a car rental in a day or two.  Now we are being told that the agent cannot get a hold of the husband (owner of the insurance policy) or the wife (the driver)and therefore cannot do anything.  The husband tells the agent he cannot get in touch with his wife, yet my son has walked to their juice bar several times and they are both working.  They have also locked up their vehicle and the agent told my son he has not been able to view their vehicle's damages. My son is still in pain and needs to see a chiropractor but has no transportation.  I called the Department of Insurance and was told that the only remedy we have is to file a complaint against the other agent's handling of this claim.  If the at-fault driver and her husband are lying to the agent and locking up their car, how can this ever be resolved?  Thank you, Diana

Answer
Diana,

   This is easily resolved, but it requires that you and your son forget about the insurance.  Pursue the party that caused the damages directly.  Small Claims court is your friend.  As soon as the negligent party gets served papers, they will contact their insurance agent who will be obligated to protect them from liability, and then you will see at the very least some communication on the issue.

   Unfortunately, insurance companies are not negligent parties and one cannot take any action directly against an insurance company unless it is their own company who is obligated by contract.  I know this is probably not what you wanted to hear, but I assure you it is not that difficult to put some legal pressure on uncooperating parties.  I can also be found on the internet if you would like a free phone consultation on your claim.  Information is always free at Petty Details, LLC.

   I hope this helps.