What shouldI do ifI keep calling an insurance company after a wreck that was the other guys fault andit just keeps making excuses as to why the case is not settled?

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What shouldI do ifI keep calling an insurance company after a wreck that was the other guys fault andit just keeps making excuses as to why the case is not settled?

Asked on February 3, 2012 under Accident Law, Texas

Answers:

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

Answered 9 years ago | Contributor

If the case is NOT settled with the insurance company, you will need to file a lawsuit for negligence against the at-fault party/ registered owner of the vehicle if other than the at-fault driver.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Your damages (the amount of compensation you are seeking in your lawsuit) for negligence would include the cost of repairs to your car and if you were injured (and have completed your medical treatment or have been declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated), your medical bills, compensation for pain and suffering, and wage loss.

As for the property damage to your vehicle, you will need to mitigate (minimize) damages by having the car repaired at a place whose charges are comparable to other repair shops in the area.  If you were to select the most expensive place you could find to repair the car, your damages would be reduced accordingly.  If you had a rental car while your car was being repaired, again you would have to mitigate damages by selecting a rental at reasonable cost.  If you selected the most expensive rental you could find, your damages would be reduced accordingly.

If you were injured and have a personal injury claim, your damages as mentioned above would include your medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is determined by the medical reports which document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.

 


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