The other person’s insurance company has NO duty of good faith towards you.

You have two options: Either file the claim with YOUR insurance, and let them chase this guy down, or sue this guy in small claims court for your damages. That’s it.

The first answer is correct. You have to be able to prove the other person is at-fault, just like in court. So, if they can’t verify what happened with their insured (the person responsible for your damage), they can’t accept liability. Was there a police report or an independent witness? Sometimes they’ll use this instead after they’ve tried to reach their insured for about a month or so. They’re not required to, but it’s a possibility.

Did their insured give you any of his contact info? Did you verify that the insurance company has this same information? Many times this situation happens when someone moves or changes their phone numbers, but they don’t notify their insurance company, so the contact info. they have on file for their insured is wrong when they get a new claim.

You also could try calling the other person yourself and explain (politely, of course) that you know he’s busy, but you really want your vehicle taken care of ASAP, so could he call his insurance company? Give him the claim adjusters name, contact info and claim #, in case he doesn’t have it.

If you decide you don’t want to wait, or they cannot find him to make a liability decision, I would go through your own company. They’ll take it from there and try and recover.