What to do if an auto insurer will not honor a claim?

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What to do if an auto insurer will not honor a claim?

My son was backing out of a parking space on a one way street. He waited on a vehicle to pass, then slowly began to back out. The vehicle that passed him decided to back up for a parking space. As my son noticed him backing up, he stopped and honked his horn. The driver didnt stop and hit our vehicle. At the scene the driver admitted fault. Now his insurance company doesn’t want to pay our claim because they say that he had the right of way. Who exactly is at fault? Do we have any recourse?

Asked on September 7, 2012 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the driver had already passed on a one-way lane in a parking section, then the other driver is at fault.  Your insurance company should be helping you with this claim--- most will offer help with the negotiations because they don't want to pay on the claim.  If your insurance company doesn't help, then your son needs to do one of two things.  First option is to consult with a plaintiff's or car wreck attorney.  They have experience in dealing with insurance companies that rarely want to pay.  His second option is to file a complaint with the State Board of Insurance for the refusal to pay on an admitted and valid claim.  The second option is free, but may be slower than a direct call from an attorney because of the number of calls they receive. 


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