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I was hit by a car in a shopping mall parking lot. How the other driver's insurance company deals with my claim?

El Paso, TX |

I was driving out of the parking lot on my lane and he drove into the parking lot with a wide right turn. He hit me on my lane. The shopping mall security officer was the witness and he stayed on the scene. The police officer came but he did not make the official report about the accident because it was in a private property. But he said that it was the other driver fault and he would give words if the insurance company ask. I havephone numbers of both the police and the witness. I sent a claim to the other insurance company. they received my claim,sent 1 person to check my car. This person said my car was totally lost. I called the insurance company back and asked them about the status of my claim. They said that it was under process and I had to wait. Do they pay me later and how much?

The problem is the other driver just admitted his fault to me at the accident scene. (luckily the police officer heard his words). He made up a different story about the accident and denied his fault to his insurance company and mine. I am trying to get a written statement from the witness and the police officer. My insurance is liability only, not comprehensive. What should I do? Should I talk with a lawyer to get a fair payment? Does it worth to have a lawyer this case? My car value at the market now is about 6,000USD (Kelly Blue Book). His insurance company said they couldnot talk with the witness via phone. So I have to wait until they can talk with them. Is this true that I have to wait until then? And if they did send a person to check my car after I made a claim, does that mean they will consider to pay me and admitted their liability somehow? Thanks Eric John and everyone.

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Attorney answers 1


In PA (and I would think the same applies in TX) under the circumstances you describe the other driver is liable to pay for the total fair market value of your vehicle at the time of the accident. The other driver's insurance company is responsible to indemnify their insured up to the limits of the coverage the driver had in place at the time. If that limit is at least as high as the value of your vehicle then you should get paid and promptly.

I'm concerned for you, however, because of the apparent delay. If the other driver admitted fault and the other driver's insurance carrier has already sent a rep out to inspect the vehicle then getting payment should take very little additional time. Their evasive response to you, suggests to me that they may be contemplating an offer other than 100% of the value of your vehicle.

You may want to consider turning this into your own insurance company, particularly if you had collision coverage. If you delay in notifying your carrier and that delay prejudices your insurer's ability to investigate, the delay could jeapordize your coverage.

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