The other driver's insurer
The other driver's insurance is stalling — what are my options?
The short answer: stalling is a strategy, not a verdict. Answer it with a paper trail: everything in writing, explicit deadlines, documented delays. And remember you're not trapped with their adjuster — your own collision coverage can often pay you now while your insurer chases reimbursement from theirs.
The stall playbook (and the answers)
- "We can't reach our policyholder." — Answer: put in writing that their inability to reach their customer is not your delay. Ask for a supervisor and a written timeline.
- "We're still investigating." — Answer: ask what specifically remains open and by what date it will close. Vague investigations need specific deadlines.
- "We dispute liability." — Answer: ask for the dispute in writing with their reasoning, then compare it against the police report and your evidence. Dispute ladder →
- Adjuster musical chairs. — Answer: every handoff restarts the clock for them. Keep one running written record of dates, names, and promises.
Your leverage
- Move everything to writing. Emails with dates beat phone calls with memories. State what you need and by when.
- Use your own collision coverage. If you carry it, your insurer pays for repairs or the total-loss value (minus your deductible), then pursues the other insurer for reimbursement — a process called subrogation. Faster for you, their fight with them.
- File a state insurance department complaint if the delay is unreasonable. Insurers track complaint volume; regulators' delay rules have teeth.
- Set a final deadline and mean it. A written "respond by X with a decision or I will escalate to [regulator/small claims/counsel]" moves files.
Using your own policy isn't "giving up"
It usually gets your car fixed or paid faster, and your insurer has a whole department for recovering from the at-fault insurer. You'll typically owe your deductible up front and get it back when reimbursement succeeds.
Recorded statements: slow down
The other insurer may ask for one early. You generally don't have to give the other driver's insurer a recorded statement, and anything ambiguous can be used against the claim. Stick to facts, in writing, and don't guess.
Informational only — not legal or insurance advice.
Delay rules, deadlines, and complaint processes vary by state and by policy. Check your state's insurance department guidance, or talk to a licensed professional, before acting on a claim.