The other drivers insurance has been unable to reach her since the accident, so what should I do to get reimbursed

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The other drivers insurance has been unable to reach her since the accident, so what should I do to get reimbursed

Accident on 2/26/18. Sitting first in line at red light, when turn lane turned green on
my left, the driver behind me accelerated and hit me. Police did a case number but
no accident report. I filed with the state on the form recommended. After 2 weeks,
paying for rental myself, I had to ask my insurance to handle the claim. I have a
claim still with other driver insurance, but since they have not reached her for a
statement, I am in limbo. What can be done to try and get reimbursed for rental car
and deductible paid?

Asked on April 7, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You'd have to sue the at-fault driver--that's the only way to move this along and get compensation for those costs. The at-fault driver is liable for all costs arising reasonably out of the accident. His insurer is *his* insurer, not yours--their obligation is to defend and pay for him when a court finds that he must pay. They have no obligation directly to you. They may choose to pay without a lawsuit or litigation if they feel that the most cost-effective or practial option, but they do so at their option. Therefore, if they are not willing to pay for some reason--such as not getting required information or feedback from their insured--you'd have to sue the at-fault driver and show his fault in order to recover money.


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