How to contest a denied claim because insurance cannot contact their insured?

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How to contest a denied claim because insurance cannot contact their insured?

I was recently rear-ended by another driver. I have filed a claim with the other driver’s insurance and provided photos of both my and the other vehicle who hit me, as well as an eyewitness contact and police report. The other driver’s insurance adjuster is telling me that they cannot contact their driver and will most likely deny liability and the claim. I assumed all the information I provided would enable them to make a conclusion of liability independent of them being able to talk to their driver. If my claim is denied what should be my next step to ensure I receive payment?

Asked on August 26, 2019 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If they deny your claim, your next step is to sue the other driver. Remember: his insurer is his insurer, not yours--it has no obligation directly to you and can simply, arbitrarily choose to deny your claim. It's obligation is to its insured--to defend him in court; to pay for him if he has to pay. So if they choose to not settle (voluntarily pay) for some reason, you sue their driver in court and prove he was at fault; if you can do that, then his insurer should pay. For amounts under your state's small claims limit, suing in small claims as your own attorney ("pro se") is a fast, cost-efficient option.


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