What do I do if I can’t get an insurance company to pay out on my claim?

I was recently was hit (car) by a person that wasn’t insured but the owner that was cover was the passenger. They have failed to cooperate with their insurance to pay for the damage to my car. Now their insurance just told me they will be closing out the case do to failure to establish contact with their insured. What do I do now?

Asked on September 12, 2012 under Accident Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file a lawsuit for negligence against the registered owner of the vehicle and the driver of the car that hit your car. You only file one lawsuit and name both the registered owner and the driver as defendants.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  If you need a rental car while your car is being repaired, the cost of the rental car should also be included in your damages.  You will need to mitigate (minimize) damages by selecting an auto body repair shop whose charges are comparable to other auto body repair shops in the area.  If you were to select the most expensive auto body repair shop you could find, your damages would be reduced accordingly for failure to mitigate damages.  The same applies to the rental car.  You will need to select a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly for failure to mitigate damages. 

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