If I was recently in an auto accident, what do I do if the at fault driver’s insurer denied my claim because their insured sold his vehicle?

The driver that hit me admitted fault; the police came to the scene of the accident and determined that I was not at fault. The driver that hit me did not have a license and the truck he was driving was not his, however he did have the insurance information for the owner of the truck. I filed a claim with the insurer of the truck that hit me and their agent came out to look at my car and determined that it is totaled. The next day their insurance agent called to tell me that they are not responsible because the owner of the truck that hit me has sold that truck. The title of the truck is in the same name as the person on the insurance policy. What can I do the get them to pay for the claim?

Asked on October 22, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't get "them"--the insurer--to pay your claim; you sue the at-fault driver and the person who owned the truck at the time of the accident. Those are the persons who may be liable to you. IF one or the other has insurance that was in effect at the time, the insurer should step in to defend, settle, and/or pay for them. The important point is, the other party(ies)'s insurer has no direct obligation to you--their only obligation is to their insured. You can't directly make another person's insurer pay you--all you can do is sue the persons who would be at fault and, as stated above, if they have insurance, the insurer should then get involved. (If they don't have insurance, if you sue them and win, they will have to pay out of pocket.)


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