Other Driver Won’t Respond to Their Insurance Company: What Happens Next?

Last Updated on September 24, 2026

You filed a claim with the other driver’s insurance company after an accident. Then the adjuster tells you there is a problem: their policyholder is not returning calls, answering emails, or giving a statement.

This can slow a third-party insurance claim, but it does not necessarily mean the claim is over. The insurer may still be able to investigate the accident using your statement, photos, vehicle damage, a police report, witness information, dashcam footage, and other available evidence. Exactly how the insurer must handle the claim depends on state law and the facts of the accident.

If your vehicle needs repairs and the other insurer is waiting on its driver, you may also have another option: filing through your own insurer if you carry applicable coverage. Our guide to filing with your insurer versus the other driver’s insurer explains the tradeoffs.

1. Nonresponse Can Delay a Claim: The other insurer may want its policyholder’s statement before deciding liability or coverage, but a missing statement does not automatically mean your claim is finished.
2. Independent Evidence Matters: Photos, dashcam footage, police reports, witnesses, repair estimates, and a clear timeline can help the insurer investigate even when its driver is not cooperating.
3. Your Own Coverage May Be Faster: If you carry collision coverage, you may be able to repair your vehicle through your own insurer and let it pursue recovery from the responsible party afterward.
4. Do Not Wait Indefinitely: Ask what the claim is waiting on, request updates in writing, escalate unexplained delays, and check your state’s claim-handling rules when necessary.

What Happens When the Other Driver Won’t Respond?

The other driver’s insurer normally wants to speak with its policyholder before accepting liability. The adjuster may need to confirm who was driving, what happened, whether the policy was active, whether an exclusion applies, and whether its insured agrees with your version of events.

If the policyholder ignores those requests, the investigation can become more difficult. But “our driver has not called us back” is not the same thing as a final decision on your claim.

Insurance claim-handling rules are primarily regulated at the state level. The NAIC Unfair Property/Casualty Claims Settlement Practices Model Regulation, which states may adopt or modify in different ways, describes standards for investigating and resolving property and casualty claims. Your state’s actual laws and regulations control, so there is no single nationwide deadline or procedure that applies to every third-party auto claim.

Why Does the Insurance Company Need Its Driver’s Statement?

An insurance company represents its policyholder, not the person making a claim against that policy. Before paying a third-party liability claim, the insurer generally investigates both coverage and responsibility for the accident.

A statement from its insured can help answer questions such as:

• Was the insured vehicle actually involved?
• Who was driving?
• Did the driver have permission to use the vehicle?
• How did the collision occur?
• Does the driver dispute fault?
• Were there passengers or witnesses?
• Are there policy exclusions or other coverage issues that need investigation?

The policyholder may also have a contractual duty to cooperate with their insurer. Failure to cooperate can create problems for the policyholder and, in some circumstances, can become part of a coverage dispute. The consequences depend on the policy and applicable state law.

For example, the Texas Department of Insurance specifically warns consumers that another driver’s insurer may take time to investigate while waiting for its policyholder to respond—and that the policyholder might never respond. TDI also notes that a third-party claimant does not have the same contractual relationship with the other insurer that its own policyholder has. See TDI’s guidance on dealing with another driver’s insurer. Those are Texas-specific observations, but they illustrate why third-party claims can work differently from claims under your own policy.

What to Do If the Other Driver Won’t Respond to Their Insurer

1. Ask Exactly What the Claim Is Waiting On

Do not settle for a vague status such as “we’re waiting on our insured.” Ask the adjuster to identify the exact issue holding up the claim.

• Are you waiting only for the driver’s statement?
• Are you also investigating whether the policy was active?
• Is liability disputed?
• Is there a coverage issue involving the driver or vehicle?
• Have you reviewed the police report, photos, and other evidence I submitted?
• What additional evidence would help you make a decision?
• When should I expect the next update?

Keep your question factual and, when possible, communicate by email or through the insurer’s claim portal so you have a written record. You can also use our guide to checking the status of an auto insurance claim to organize your follow-ups.

2. Give the Insurer Evidence That Does Not Depend on the Other Driver

If the other driver is silent, independent evidence becomes especially important.

Send the adjuster anything that helps establish how the accident happened and the amount of your loss. Depending on the crash, useful evidence can include:

Our car accident documentation checklist explains how to build a more complete evidence file.

3. Get the Police Report If One Exists

A police report does not automatically determine who is legally responsible for an accident, but it can provide information the adjuster can investigate without waiting for the other driver to call back.

The report may identify the drivers and vehicles, document statements made at the scene, list witnesses, describe the roadway, note citations, or include a diagram of the collision.

If officers responded, ask the appropriate law enforcement agency how to obtain the report and send a copy to the adjuster. If you are unsure how much a report matters, see our guide to police reports and car insurance claims.

4. Send Witness Information Immediately

An independent witness can be particularly valuable when the other driver is unavailable or later disputes your description of the accident.

Give the adjuster the witness’s name, phone number, email address, and any statement or recording you obtained with the witness’s permission. Do not coach a witness on what to say. Let the person describe what they actually saw.

Insurance Panda has a separate guide on getting witness statements after a car accident.

5. Notify Your Own Insurance Company

Even if you initially planned to pursue only the other driver’s insurer, notify your own insurer about the accident as required by your policy.

Your insurer can explain which of your own coverages might apply. Depending on the loss and your policy, those could include collision coverage, medical payments coverage, personal injury protection, rental reimbursement, or uninsured/underinsured motorist coverage.

Do not assume that the other driver’s refusal to cooperate automatically makes them an “uninsured motorist.” Whether UM or UIM applies depends on the other vehicle’s actual insurance status, your state’s rules, your policy language, and the type of loss.

6. Consider Using Your Own Collision Coverage

If your car is damaged and you carry collision coverage, filing through your own insurer may allow the repair process to move forward without waiting for the other driver’s insurer to finish its liability investigation.

The tradeoff is that you will generally be responsible for your collision deductible initially. Your insurer may later pursue the responsible party or insurer through a process known as subrogation.

If your insurer successfully recovers money, you may receive some or all of your deductible back depending on the recovery, state law, and policy terms. Deductible reimbursement is not guaranteed.

Read our guide to insurance subrogation and deductible recovery for a more detailed explanation.

Can the Other Insurance Company Deny the Claim Because Its Driver Won’t Respond?

It is possible for a noncooperative policyholder to complicate both the liability investigation and questions about coverage. However, there is no nationwide rule saying that every third-party claim must automatically be denied—or automatically paid—simply because the insured will not answer the phone.

The outcome can depend on the available evidence, policy terms, state law, and whether the insurer can establish what happened without its policyholder’s cooperation.

For example, an insurer may have difficulty accepting liability when the only evidence consists of conflicting statements from two drivers. On the other hand, clear dashcam footage, independent witnesses, scene photos, and other records may give the adjuster considerably more information to evaluate.

If the insurer denies your claim, ask for the decision and its reason in writing. A denial is different from a claim that remains under investigation. Our guide explains common reasons car insurance claims are denied and what to do next.

How Long Should You Wait for the Other Driver to Respond?

There is no useful nationwide answer such as “the insurer has 30 days.” Claim-handling deadlines vary by state, and rules that apply to a claim under your own policy may differ from rules governing a third-party claim against someone else’s insurer.

Instead of waiting indefinitely, ask the adjuster for a specific next-update date and keep a written log of every contact.

• Date and time of each call or message
• Name and contact information of the adjuster
• Current claim status
• What information the insurer says it still needs
• Documents you submitted and when
• The date the insurer said it would update you again

If you want to know the claim-handling requirements where you live, use the NAIC directory of state insurance departments to find your state regulator.

If a claim has been sitting without a clear explanation, our guide to common reasons car insurance claims take so long can help you identify what may be delaying the file.

What If the Other Insurer Stops Responding to You Too?

If the adjuster stops returning your calls or messages, move from informal follow-ups to a documented escalation process.

1. Send a concise written status request with the claim number and date of loss.
2. Ask what specific issue or document is preventing a decision.
3. Request the date of the next expected update.
4. If you receive no meaningful response, ask for the adjuster’s supervisor.
5. Check your state insurance department’s rules and complaint process.
6. For a significant unresolved loss, consider getting advice from a qualified attorney in your state.

State insurance departments can investigate certain insurer practices, but their authority and complaint procedures vary. A regulator generally cannot simply decide disputed accident fault or guarantee that a third-party insurer will pay your claim.

What If the Other Driver Never Gave You Insurance Information?

That is a different problem. If the driver refused to provide insurance information at the scene, you may first need to identify the insurer before you can pursue a third-party claim.

Keep the driver’s name, license plate, vehicle description, photos, police report information, and anything else you obtained at the scene. See our step-by-step guide on what to do when another driver refuses to provide insurance details.

Does Uninsured Motorist Coverage Help?

Sometimes—but not merely because the other driver is ignoring their insurance company.

Uninsured motorist coverage generally applies when the responsible driver does not have applicable liability insurance, subject to state law and your policy. Underinsured motorist coverage generally applies when the responsible driver has insurance but not enough applicable limits to cover an eligible loss.

A driver who has an active policy but refuses to return the insurer’s calls is not automatically uninsured. Coverage disputes can become complicated, however, so ask your own insurer how your UM/UIM coverage applies if the other company ultimately denies coverage.

See our guide to the difference between uninsured and underinsured motorist coverage for more information.

A Simple Action Plan for a Stalled Third-Party Claim

Final Word on an Unresponsive Other Driver

If the other driver will not respond to their insurance company, expect the claim to require more documentation and potentially more time. But do not simply wait and hope the driver eventually calls back.

Ask the adjuster what is actually preventing a decision, provide independent evidence, document every follow-up, and notify your own insurer. If you carry collision or other applicable coverage, using your own policy may be the practical way to get repairs moving while the insurers sort out responsibility and possible reimbursement.

Most importantly, distinguish a delay from a denial. If the other insurer makes a final decision, ask for the reason in writing. If the claim simply remains open, ask what evidence is still needed and when you should expect the next update. State claim-handling rules and individual policy terms vary, so consult your state insurance department or qualified legal counsel when a significant claim remains unresolved.

FAQs on an Other Driver Who Won’t Respond to Their Insurance Company