What to do when someone hit my car and I haven’t heard back from there insurer?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do when someone hit my car and I haven’t heard back from there insurer?

About 5 months ago, my car was hit. I filed a claim and have a picture of the insurance card. I’ve called multiple times and sent pics and now my car is only getting worse due to the damage the driver caused.

Asked on September 27, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the at-fault driver: the driver who damaged your car either intentionally (unlikely) or by driving negligently (or unreasonably carelessly). You sue the driver, not their insurer: the insurer insureres *them*, not you, and has no obligation to you--the obligation is to defend and/or pay for their insured, as per the terms of the policy. If the repair cost is less than the limit for small claims court, a very good option is to sue in small claims, as your own attorney ("pro se") to save on legal fees. Not only is small claims the most inexpensive and simplest way to sue, but the cases move quickly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption