What to do if I was recently in a wreck and it’s been a week now and the at fault driver’s insurance company has not been out to estimate damages?

I’ve spoken to their insurance company and was told that its was waiting on a statement from its client before it could settle. The accident was not fault; I was stopped at a stop sign when the other driver smashed into my truck. There were no injuries but my truck was totaled; the frame is bent and I don’t know if it can be fixed. I’ve missed work for 6 days so far because of this. What steps should I take in getting my truck fixed?

Asked on November 1, 2015 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Remember the other driver's insurer is the other driver's insurer; you are not their insuref, and they have no obligation or duty to you. Their duty is to their insured to--within the terms of the policy--pay amounts which he may be liable for. If they choose to pay you compensation without you suing their driver and winning in court, they may, but they do not have to; they can wait to see if sue, defend their driver in court, then only pay (up to policy limits) if you win.
If you have the relevant insurance, that is, collision coverage, look first to your own insurer for compensation; that will typically be the fastest, most cost-effective option. Otherwise, if the other insurer is not being cooperative or forth coming with compensation, you may have to sue the at fault driver.
 


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