If I was involved in an auto accident and have no insurance but the other person is at fault, will their insurance cover my damages and injuries?

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If I was involved in an auto accident and have no insurance but the other person is at fault, will their insurance cover my damages and injuries?

Asked on August 17, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is their insurance, not yours. That means they do not owe a duty directly to you. They *may* choose to pay your claim, if  you submit a claim; but if they refuse to do so, you would have to sue the at-fault driver in court and win (you sue the driver, not the insurer, since the driver, not the insurer, injured you--their insurer would provide a mechanism for payment if you win, and/or may choose to settle the case after you insitute a suit).


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