What to do if I was in a an accident and the police report shows that the other driver was at fault for but their insurer hasn’t yet accepted liability?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was in a an accident and the police report shows that the other driver was at fault for but their insurer hasn’t yet accepted liability?

They did not yield to on coming traffic. I am getting medical treatment regularly. How long do they have to accept liability?

Asked on August 7, 2013 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They never have to accept liability unless you sue them and win; otherwise, they could decide--even if wrongly--that their driver was not at fault. The only way to force someone to be liable is to sue them in court and win. If your medical costs (out-of-pocket; you can't recover the portion paid for you by insurance) exceed the small claims threshhold of your local courts, you should consult with an attorney; if the medical costs are less than the small claims threshhold, you  should consider bringing your own suit, acting as your own attorney. You sue the driver, not the insurer; the insurer then steps in to defend and indemnify their insured.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption