What can I do if the at-fault party’s insurer is denying my claim?

My car was hit in the parking lot in my apartement and there was a witness who saw it. He left a note in my car about the license plate of the car which hit my car and the witness called the non-emergency police about it. I later found the note and and the car that hit mine was also parked there, so I went to my apartment leasing office and found the owner of the car. We met and he gave me his insurance info. Since I already met the person and exchanged insurance info, I did not report it to the police. However, now that I have filed a claim, the insurance company says that the other person is denying about the accident, therefore they are denying my claim saying that there is not enough evidence. I have obtained the police call number when the witness reported but insurance says that it’s not enough. What can I do?

Asked on March 29, 2019 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can sue the at-fault driver. If you can prove in court that the other driver was at fault--which is likely, since you have a witness and anyone who hits a stationary or parked vehicle is essentially by definition driving carelessly or negligently--the court will issue a judgment in your favor, ordering him to pay. At that time, either he and/or his insurer should pay you. His insurer is his insurer, not yours: they do not have an obligation directly to you. Rather, their obligation is to their insured--to pay for him, when he has to pay. Therefore, you have to sue him and get a court order or judgment requiring him to pay to get compensation.


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