I was parked at a post office and a young lady on the cell phone ran into the front bumper of my truck. The police came and did a report and...

Question

I was parked at a post office and a young lady on the cell phone ran into the front bumper of my truck. The police came and did a report and she admitted liability but her Aunt is the actual policyholder and the adjuster has not been able to get in touch with the Aunt (for over a week)and therefore refuses to fix my truck or pay for a rental car until the Aunt communicates and accepts liability. He spoke to the Aunt once and she said she was at work and could not talk and she has been avoiding the adjuster every since. I do not want to involve my insurance company and subrogate. Would taking her to small claims court be a better option?

Answer

The smart move is (1) report the offending insurer to the state insurance commisioner and let the adjuster know you did that. (2) If that does not get your car fixed, involve your insurance company. That is why people carry their own insurance.

Small claims court would require you to spend time and money, hope that the other driver really is insured (or if not, that you can figure out how to collect your judgment) and would delay getting your car fixed.