If the driver that rear-ended me was not on the policy and the insurance company is trying to deny the claim, what do I do with the medical bills and what about my car?

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If the driver that rear-ended me was not on the policy and the insurance company is trying to deny the claim, what do I do with the medical bills and what about my car?

Asked on November 11, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You sue the driver who hit you, and you also sue the owner of the car, if he/she was not the driver. An insurance company is not a court--it's opinion is not legally binding--and all insurance does is provide a mechanism for payment--that is, someone can be liable, or financial responsible, for the injuries and damage they, or people they permit to use their car, cause even if they are not insured. (If they are not insured and you get a judgment against them, they will have to pay themselves, and, if necessary, you can try to collect against them by putting a lien on property, garnishing wages, having a sheriff seize and sell their car(s), etc.)

The way you force someone who was at fault in injuring you or damaging your property (e.g. your car) if they and/or their insurer will not voluntarily pay is by suing them and proving their fault in court. Since the rear driver in a rear-end collision is generally presumed to be at fault (since they were supposed to pay attention and maintain a safe following distance and speed), you would typically have  good chance of winning in case like this.


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