Tell Me All Over Again I Wasn t Paying Attention

May 18, 2022 Post a Comment

THE OTHER DRIVER WON'T Call THE INSURANCE Visitor.

What do you do when the other driver just simply volition not contact nor cooperate with the insurance company after a car accident?

It 's a frustrating situation. I get calls all the time from clients who had a car wreck with someone and the at-fault driver basically goes into hiding. A guy merges into your lane or rear-ends you. You're injured and need to get your automobile fixed.

In fact, I but recently concluded a example where the the at-error driver stopped cooperating with his insurance company. The instance was a mess. The insurance company refused to provide coverage. I then had to file a suit against the other driver. The case dragged on for iv years through the Dallas trial courts and and so up to the Dallas Courts of Appeals. Luckily, we were able to settle with the insurance company. Just many others in this situation are not and then lucky.

And then what do you practice in this state of affairs? You lot showtime have to know why the other commuter's cooperation is necessary.

What is the "Duty to Cooperate?"

Texas Auto Liability Policy

Every auto liability insurance policy in Texas requires their driver to cooperate with the insurance company later on a motorcar blow.

Every insurance policy has a "duty to cooperate" clause. This ways that whatsoever person seeking coverage under the policy must cooperate with the company'southward investigation and defense force of the claim. Failure to cooperate may be grounds for the insurance company to deny coverage. But that doesn't mean everybody does, in fact, cooperate with the insurance visitor.

Who Must Cooperate with the Insurance Company?

Permit's say you have a automobile accident in Texas and the other driver was at fault. You open up a claim with the other driver'southward insurance company and an adjuster is assigned. The adjuster needs to investigate the blow in order to determine whether their driver is at mistake or not. Naturally, the adjuster may demand to speak with their driver in order to get his version of the blow. All the same, the other commuter is not returning the adjuster's calls.

Now, you lot may ask yourself, "I'chiliad seeking coverage nether the policy and I am cooperating. Why am I non existence covered?"

Technically, you are not seeking coverage under the policy as far as Texas police force is concerned. This is 1 of the biggest myths of how liability insurance really works .

When you are challenge that someone else is at fault, then your claim is 1 of legal liability against that person. Since the policy is designed to protect the person who may be liable to y'all, then your claim is actually against the other driver and their insurance company. The next section explains this concept in more than detail….

Know Your Standing with the Insurance Company.

You are not the insured or covered person under the other driver'southward policy. The "insured" is the person actually covered under the policy. This may include the person specifically named in the policy or otherwise falling under the definition of a "covered person."

However, this definition does not include you! Rather, you are an outside political party making a claim on someone else's policy. Yous are alleging that the other driver is legally liable to you for amercement or injuries you sustained in the blow. This is chosen a "liability merits" also known as a "tertiary-party" claim.

What is a Liability or Third-Political party Claim?

Many people recall that the other driver's insurance policy is there to protect them if the other commuter is at mistake.

When you lot make a claim on the other commuter's insurance policy, y'all are substantially asserting a legal merits against the other driver. Therefore, the other driver's insurance visitor has a duty to protect their driver against your claim.

They can protect their driver in several means:

They can investigate your claim;
If the adjuster feels like their commuter is at fault, they can choose to settle with you lot;
Or, they tin can reject your merits and retain legal counsel to defend the other commuter if you lot file a lawsuit.

Either manner, the insurance company's focus is to protect their commuter and not you.

Dorsum to the "Duty to Cooperate."

This leads us back to my initial discussion about the duty to cooperate. Naturally, you as the injured person will cooperate with the insurance company since y'all are the one looking for compensation for your injuries. Nevertheless, that is not the cooperation that is relevant.

In gild for the insurance company to protect their driver, they need their driver to cooperate in the investigation and defence of your claim.

Wrongful death attorney

The other insurance company needs their commuter to cooperate with them in order for your merits to be covered.

Ironic, isn't it? You are injured in an accident that is the fault of someone else, and that person's insurance company'southward legal duty is to protect their driver confronting your claim. This is true fifty-fifty though Texas law requires every vehicle on our roadways to carry liability insurance for the very purpose of protecting those who are injured in auto accident.

Like information technology or not, that'southward the constabulary in Texas. And so, if the the other driver will non cooperate with the insurance company, then the adjuster may not exist able to properly investigate and handle the claim on the other driver'due south behalf.

In the meantime, you are left hanging until their driver cooperates with the claims adjuster.

Where Does this Leave You Subsequently an Auto Blow?

If y'all are in this predicament, you lot accept several options. You lot can make a claim on your insurance policy. This is probably the best way to bargain with the state of affairs considering you are now dealing with an insurance company who is on your side.

Uninsured Motorist Coverage.

If you lot accept uninsured motorist coverage , then you may be able to make a claim fifty-fifty though the other commuter technically has insurance. This is because the other insurance company is not willing to tender their coverage considering of the other driver's non-cooperation. Yous should not take to wait on the other insurance visitor to move forward just because the other driver is hiding from the claim.

Collision Coverage.

If you had auto collision coverage , then your insurance visitor will pay to go your auto stock-still regardless of the other insurance coverage. Nevertheless, this merely covers your car. Any claims regarding your injuries accept to be done through the uninsured motorist coverage.

File a Lawsuit Against the Other Driver.

If filing a claim on your insurance is not an option, and then filing a lawsuit is the merely option you take left. This is probably to least favorable option.

However, y'all cannot sue the insurance visitor direct . You have to sue the other driver. And, when you sue the other driver, the insurance company will rent an attorney to represent and defend the other driver against your lawsuit.

Many times, insurance companies abuse the "cooperation" clause. They will stall your claim even though it is not necessary to talk to the other driver. Maybe there is a police report. Either way, you are at a disadvantage when dealing with the other driver'southward insurance company by yourself.

That is why you should consult with an chaser who know how to spot the insurance company's tricks and keep your options open.

Gratis Consultation

Personal Injury Attorney in Dallas / Fort Worth

Get a Free Consultation of your auto accident case. Know your rights and your options.

Before you make any hasty decision on how your instance is going to exist handled, you better first consult with Robert C. Slim, an experienced auto insurance attorney in Dallas. If yous have been injured in a car accident and are having problems with the other driver'south insurance company, Call 214-321-8225.

Utilise our online example data form for a free consultation with Robert C. Slim.