Was hit from behind. Other driver insurance won’t pay

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Was hit from behind. Other driver insurance won’t pay

Was hit from behind on interstate 35 at 8:20 am. Totalled my car. His insurance will not pay because other driver says he was hit by a 3rd party. He had some bumper damage but I feel he hit the concrete barrier dividing the highway. His insurance co is taking his word for accident so now my insurance is

Asked on February 10, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue one or both of the following for compensation:
1) You can sue your own insurer, if you have the relevant insurance (e.g. collision coverage) and they don't pay; you would sue for "breach of contract"--that is, for violating their contractual obligation (an insurance policy is a contract) to pay for this damage or loss. You would have to show in court that under the terms of your policy and facts of this accident, they should pay.
2) You can sue the at-fault driver (you sue the driver, not their insurer; the other person's insurer has no duty directly to you, but rather a duty to their insured to pay when their insured has to pay, at least up to policy limits). To win money, you'd have to prove in court that the other driver was in fact at fault (e.g. driving carelessly) in hitting you. (If the other driver was not at fault--such as if a third party knocked his car into yours--he would not be liable.) If you win against the other driver, their insurer should then pay.
3) You could look to get the money first from your own insurer, then sue the at-fault driver for anything not paid by your insurer, like a deductible.


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