if they refuse to pay, the last option would be to file a lawsuit against the driver for the property damage. Ultimately, it will be a question for a judge or jury as to who was at fault. There is also the possibility of bad-faith penalties against them if you were to win. If you hire a lawyer, they could probably put a little more pressure on the insurance company to pay for the repairs without actually having to go to court.
Answered on Jan 10th, 2014 at 11:15 AM