What do I do if the other driver’s insurance company won’t claim responsibilty?

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What do I do if the other driver’s insurance company won’t claim responsibilty?

I got into a wreck almost a month ago and the other drivers insurance company will not make a decision because their driver will not return their calls for a statement. They are dragging their feet. Now I am worried that they will not accept fault if the don’t hear the other driver’s statement or they might get a false

statement and not pay. What are my options if this happens? My insurance company already said it was not my fault and will not cover. I only have liability insurance.

Asked on May 19, 2017 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your only recourse is to sue the other driver, who was at fault, for negligence.
Your damages (monetary amount you are seeking in your lawsuit for negligence) would be the property damage (cost of repairs to your vehicle).
Depending on the amount of your damages, you might be able to file your lawsuit in small claims court. Upon prevailing in the case, you can recover the amount of your damages plus court costs.  Court costs include the court filing fee and process server fee. You can enforce the court judgment with a wage garnishment.


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