How do I get the at-fault driver’s insurance company to do what they are supposed to and pay my claim?

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How do I get the at-fault driver’s insurance company to do what they are supposed to and pay my claim?

I was rear-ended by a driver who has AAA insurance on Thursday ,8-10-17. It was the other driver’s fault and a police report was filed. AAA insurance is playing games and is now ignoring me and will not supply the rental car and I don’t know if they will pay for injury either or to get my vehicle repaired. I have a muscle strain in my neck and went to the ER on 8-11-17 and have had to take off work since then. I am not sure if I will need further treatment yet either.

Asked on August 14, 2017 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault driver for negligence.  Your property damage claim (cost of repairs to your vehicle) is separate from your personal injury claim.
Notify the at-fault party's insurance carrier that you will be filing a personal injury claim.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
 


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