What to do about an accident claim that was denied by an at-fault driver’s insurance company?

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What to do about an accident claim that was denied by an at-fault driver’s insurance company?

I had an accident last week. I was driving on my lane and other party hit my car while trying to change the lane. I am 100% sure that it wasn’t my fault. I don’t have collisioncoverage on my car. I filed a claim with other insurance company but they denied my claim saying it was my fault and i was changing the lane. I don’t have any witness and also police didn’t come at the scene. What are the options for me?

Asked on August 15, 2011 Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 10 years ago | Contributor

You should call a personal injury attorney in Texas if you were hurt from the accident.  Attorneys can assist you on a case on a contigency basis, where you do not have to pay unless they recover something for you. Feel free to call visit us at www.WeaverLawyers.com

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You really only have one option, if you feel the accident was not your fault--sue. You have to sue the other driver for the damage done to your car. You can't sue their insurance company for denying the claim--their insurer has no duty to you; instead you sue them, and their insurer then steps in to defend and, if you win the case, pay--at least up to policy limits. You'll need to prove fault, which may be difficult if it comes down to only your word vs. his or her (the other driver) word. If the damage is only a few hundred dollars, you probably want to try representing yourself, so as to avoid legal fees--the cost of a lawyer could easily equal or exceed what you could potentially recover from the accident. Good luck.


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