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Is it possible to hire a lawyer to sue an insurance that is neglecting to pay for a rear ended car crash?

Dallas, TX |

About 3 weeks ago on our way home we stopped in traffic and about 4 seconds after we stopped some guy came from behind and rear ended the left side of our car. The driver had insurance but was not under the insurance plan. Therefore his insurance has denied to pay up. Now our insurance is telling us that we should just total the car instead of fixing it up. I don't think it's fair. What should we do, is it possible to win the case or even put up a fight in that matter? We have full coverage.

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Attorney answers 10


You should file a claim on your own insurance just to hopefully make your situation less painful, but please also contact TexasWatch. The at fault driver likely purchased a junk policy and didn't even realize it.


Something doesn't sound right. The other driver should be covered if he was operating the vehicle with the owner's permission (unless he was expressly excluded from the policy).

Regardless, I agree with my colleague to go through your insurance company. The other insurance company has no legal duty to treat you fairly in your claim. They don't even have a duty to call you back. My recommendation is that you stop talking to the other insurance company all together.

Your insurance company, on the other hand, has a legal duty to properly handle your claim. Even though you might a have a deductible, it's not worth the headache to try and work with the other insurance company. If your insurance company gets reimbursed from the other driver's insurance, then they will refund your deductible anyway.

One other thing. You did not mention if you were injured or not. If so, contact a lawyer right away. If the other insurance company is giving you a difficult time with something as simple as the car claim, they will most certainly stonewall you on the bodily injury claim.


Simplest to turn it over to your own insurance company to resolve, and you can hash it out with them.


The easiest thing for you to do is go through your own insurance company and get the fair market value of your car. Your insurance company will then pursue the other insurance company or the other driver to recover the money they paid you. You could sue the other driver and win but why would you want to go through all that aggravation?


I am sorry this happened to you, and I agree with my peers' answers above. However, I do not see anyone addressing your total loss issue. Your insurance policy may describe your insurer's obligations for handling your car damage. If you do not have a copy of your insurance policy, ask your agent for one. In addition, the Department of Motor Vehicles explains when a car is required to be declared a total loss, at the following website: (see pages 1-1 through 1-2). Normally, your insurer will write an estimate (or ask you to take your car for an estimate) to repair the damage, and then compare the repair cost to the car's market value. If the repair estimate gets close to the market value, they will declare it a total loss. The reason for this is that initial estimates are not an exact science, and often the final repair cost is higher. Once your insurance company tells you the market value, ask them for a copy of their documentation for their value, and then review it carefully for any errors. You may also do your own research, but keep in mind the car's year, trim model, options, and especially the mileage, must be very similar in order to be comparable. Your insurer should take your research into consideration, but they will also be comparing it to all their documentation too. In the event of a standoff, your insurance policy should explain your other options. Best of luck.

DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.


Since the adverse driver's insurance has denied coverage, he is now deemed to be uninsured, and that triggers the uninsured motorist provisions in your full coverage policy. File your claim under the UM coverage, which probably will have a lower deductible than your collision coverage. This is a situation where you should be able to negotiate a resolution with your own carrier. Contact your State insurance commissioners office if you have questions about when a carrier can deem a vehicle to be a total loss. Often this is at a 70 or 80% of retail value of the vehicle.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Turn it over to your own carrier and ask that they "sue for or collet" your deductible.

This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.


These kind of issues are generally handled between insurance companies. Many times they will have inter company arbitrations to determine who was responsible for the damage.


Your Insurance Company will look out for your best interests if the alternative means them paying out money themselves. So contact them and stay on this issue til its conclusion. You have serious issues and need to address them ASAP to your own Ins. CO.


There are many ins and outs relating to insurance coverages. Sounds questionable to me that the insurer is denying your claim even though there was a policy. I would suggest you contact an experienced attorney to discuss these facts in greater detail.

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