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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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