Parked car got smashed, at-fault driver's insurance is ghosting me — what do I do?

Ugh, I went through almost the exact same thing last year. The other driver's insurance just... ignored me for weeks. What finally worked for me was filing a complaint with my state's Department of Insurance. The second I did that, suddenly an adjuster called me within 48 hours. It's like magic — they do NOT want a regulator looking at them. Look up your state's DOI website, it takes like 15 minutes to file online.

They're not accidentally missing your calls. Dragging their feet is a strategy — the longer they wait, the more likely you'll just go through your own insurance and leave them alone. Don't let them run out the clock on you. Keep a log of every single call: date, time, who you spoke to (or that no one answered), how long you waited. That paper trail matters if this escalates.

Worked claims for years and I'll be straight with you — third-party claimants (that's you, since it's not your own insurance) are lowest priority in a lot of companies' queues. Your own insurer would fight harder on your behalf. If you have collision coverage, seriously consider filing through your own insurance and letting them go after the at-fault carrier. You'd pay your deductible upfront but get it back once subrogation is complete. Not always fast, but way less headache than chasing someone else's insurer yourself.

Small claims is absolutely a real option and people use it for exactly this situation. You'd sue the driver directly, not the insurance company — that's an important distinction. The insurance company would likely step in to defend/pay anyway, but naming the driver is how you get in the door. Check your state's small claims limit (usually somewhere between $5k-$10k depending on where you are) and the filing fee is usually pretty low. The neighbor who witnessed it could be really valuable — get a written statement from them now while it's fresh.

I know this is mostly a car/insurance question but — were you checked out after the incident? Even though you weren't in the car, if you were nearby or startled/fell rushing over to it, sometimes people brush off minor stuff in the stress of the moment. Probably fine, just mentioning it because stress does weird things to your body and it's worth noting if anything feels off.

Three things, in order: (1) File that DOI complaint today, not tomorrow. (2) Send a written demand letter via certified mail to the at-fault driver's insurance stating the damage amount and giving them a 10-day deadline to respond. (3) If nothing moves after that, file in small claims. Sourcing your own parts is fine for your own wallet but get the shop's written estimate first — that's your documented proof of damages for any legal or insurance process.

Quick question — did you get the other driver's insurance info confirmed in writing, like a photo of their insurance card? And did you file a police report at the time? Those two things make a huge difference in how seriously the insurance company (and a small claims judge) will take this. If it's just a verbal admission with no documentation it gets murkier.

Not legal advice, but: an insurer that fails to acknowledge a claim or assign an adjuster within a reasonable timeframe may be violating your state's fair claims handling regulations. Those rules exist specifically to prevent this kind of runaround. A quick consult with a PI attorney (most are free) can tell you if there's any bad faith angle worth pursuing here. Sometimes just a letter from an attorney gets them moving faster than anything else.