What to do about a car accident and an insurer which won’t pursue a claim?

UPDATED: Jun 18, 2013

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What to do about a car accident and an insurer which won’t pursue a claim?

My question assumes that the attorney representing me can prove the other driver was at fault and my insurance company’s did not pursue reimbursement judicially through subrogation and they have since issued letters indicating my files are closed and they are no longer pursuing reimbursement. If I am involved in an accident and my insurance pays my medical expenses and to repair my car because the other driver’s insurance refused can it limit or prevent damages from being recovered? Is it likely the other driver’s attorney could successfully argue I only own the deductable portion of the damages I paid and I no longer own the portion paid by my insurance company because they became theirs when

Asked on June 18, 2013 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Regardless of whether or not your insurer chose to pursue subrogation, you can only recover the total amount of money to which you are entitled to compensate you for out-of-pocket medical bills, property damage, and, for severe or significant injuries, "pain and suffering." If you already received all compensation but for the deductible, that's all you could potentially sue for. On the other hand, if you received compensation for your medical bills and car repair, but not for pain and suffering, but nonetheless suffered a severe-enough impairment of normal life functions or diminution of the ability to enjoy life as to qualify for a pain and suffering award, you may be able sue the other party for pain and sufferiing as well as for the deductible.

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