You can file a claim with the At Fault drivers Insurance Company yourself. You don't have to wait for the insured to do it.
Just call them up report the accident and request a claim number. They are required by law to assign an adjuster whether or not their insured has reported it to them.
yes. you can sue an at fault driver if his insurance company refuses to pay your claim. it would not be proper to sue the insurance company.
You do not have to reimburse your insurance company if the accident is the fault of the other driver and the claim is made on their insurance. If the accident is the fault of the other driver and their insurance does not cover everything and you make a claim on your insurance for reimbursement, your insurance will subrogate (collect back) from the other company.
Yes
Yes the driver who is not at fault can very well file a suit but one thing is very clear he can not claim any insurance. Yes he can file a civil suit against the other driver. It is done approximately a million times every day. sometimes with no just cause.
You will be cited for driving without insurance and the other driver being at fault, him and his insurance are still liable for damages.
You may get a ticket for no insurance. But you can still file a claim under the at fault drivers auto insurance.
Yes, anytime you make a claim to YOUR insurance, it will go up. That's how they get their money back. If you don't submit a claim to them, then no. I do not necessarily agree with the answer above. What you did not indicate in your question was did the person at fault have insurance. If they did then even though you filed a claim and your carrier paid you, they would likely recover from the at fault person's insurance. In this circumstance you insurance should not go up.
If the other party is refusing to call their insurance company - then you should call their insurance company and file the claim.
If the other party has insurance then their "property damage" coverage should cover damage to your vehicle. If you happen to be at fault or there is some question as to who is at fault then it might be hard to collect from their insurance company. Only if the other party is at fault. If you have collision insurance, you can file the claim with your own agent. Then you will be paid for your damages, less your deductible, and when your company collects from the other company you will also get your deductible. If you do not have collision, you will have to file your claim directly with the at-fault driver's insurance. If the company denies your claim (and unless there is very compelling evidence that their client was at fault, they will), you will have to sue the driver. Then, IF YOU WIN the lawsuit, their insurance will pay.
The fact that you don't have insurance doesn't preclude you from collecting from the at-fault party. Call the other driver's insurance company and file a claim for damages.
then sue for delay of action!
No, The at fault driver in the other vehicle is responsible for your losses. Not the person from who you borowed the car you were driving.