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You've established that you are not the negligent driver in the accident. You've exchanged insurance information and have filed your claim. You get a call from the insurance company of the at-fault driver and they tell you something disturbing. The insurance company refuses to pay on your claim. The reason, they tell you that their customer is refusing to cooperate with them. What can you do? Since the driver is in clear violation of their insurance agreement you can treat them as an uninsured motorist and file a UM claim with your own insurance company. Make sure to get the refusal to pay on the claim writing.