Someone crashed into me, but their insurance will not pay. What are my options? First find out what the insurer is disputing: responsibility, available coverage, the amount of your loss, or missing information. Those are different problems. Ask for a written explanation, preserve the evidence, and review your own policy before assuming there is no possible path forward.
Being told “we cannot pay” is frustrating when your car is damaged and appointments are piling up. However, an adjuster’s position is not necessarily the final answer to every legal or coverage question. The next step should respond to the actual reason given, not just repeat that the collision was not your fault.
Identify the kind of refusal
Ask whether the claim is denied, still being investigated, or accepted only in part. Request the claim number, the reason for the decision, and the information that might change it. Keep the letter or email exactly as received. A request for more records is different from a final denial, although either may deserve follow-up.
- Fault dispute: The insurer disagrees about how the crash happened.
- Coverage dispute: The insurer questions whether a policy covers the driver, vehicle, or event.
- Value dispute: It accepts some responsibility but disputes repairs, treatment, or another loss.
- Documentation issue: It says important records have not arrived or are unclear.
Do not assume an uninsured-driver claim applies merely because another insurer refuses payment. Whether a driver is uninsured or underinsured and whether your own coverage responds require separate review.
Build a targeted response, not a paperwork avalanche
If fault is disputed, organize scene photos, witness contacts, video, and available reports. For vehicle damage, separate repair estimates from towing and rental receipts. For injuries, preserve treatment records and bills without claiming that every later symptom necessarily came from the collision. Our guide to documenting damage and liability can help you organize the facts.
Send a short cover note identifying the disputed point and the attached records that address it. Ask the adjuster to confirm receipt and explain any remaining gap. Keep originals and use a secure channel for private documents. Avoid sending unrelated financial or medical history without understanding why it is requested.
Check your own insurance options
The California Department of Insurance’s auto guide explains that collision coverage concerns damage to your vehicle and MedPay concerns covered medical expenses. These coverages have different functions and conditions. Ask your insurer which benefits you purchased, what deductible or limits apply, and what documentation is needed.
Your policy may offer a practical route while another claim is contested, but payment and deductible recovery are not guaranteed. Review our California coverage guide before assuming liability insurance, collision, and UM/UIM are interchangeable. Keep payments and reimbursements separately recorded so the same loss is not presented as unpaid twice.
Escalate a clear issue
Request a supervisor review if the response does not address the evidence. A factual summary is more useful than accusations: identify what you sent, when it arrived, and which question remains unanswered. The California Department of Insurance offers consumer assistance and a complaint process. A complaint is not a lawsuit or a guarantee that the insurer will pay.
Keep legal deadlines under separate review while a complaint or negotiation continues. Do not assume either process pauses the time to protect your claim. Our existing insurance-denial overview provides additional context.
When should you obtain legal advice?
Consider a case-specific review when injuries are significant, evidence may disappear, multiple drivers or commercial vehicles are involved, or a release is proposed. The California Courts’ personal-injury guide explains that a civil claim requires proving responsibility and losses. A dispute with an adjuster does not automatically establish a right to sue that insurer directly.
Contact The L.A. Law Firm at 866-383-1462. Phone intake is available 24/7; office visits are by appointment. Bring the denial and available records. This is general education, not individualized advice. No payment or outcome is guaranteed.
Featured image: AI-generated conceptual illustration, not an actual client or case.
