How to contest a denied claim because insurance cannot contact their insured?

UPDATED: Oct 2, 2022

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How to contest a denied claim because insurance cannot contact their insured?

I was recently rear-ended by another driver. I have filed a claim with the other driver’s insurance and provided photos of both my and the other vehicle who hit me, as well as an eyewitness contact and police report. The other driver’s insurance adjuster is telling me that they cannot contact their driver and will most likely deny liability and the claim. I assumed all the information I provided would enable them to make a conclusion of liability independent of them being able to talk to their driver. If my claim is denied what should be my next step to ensure I receive payment?

Asked on August 26, 2019 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they deny your claim, your next step is to sue the other driver. Remember: his insurer is his insurer, not yours--it has no obligation directly to you and can simply, arbitrarily choose to deny your claim. It's obligation is to its insured--to defend him in court; to pay for him if he has to pay. So if they choose to not settle (voluntarily pay) for some reason, you sue their driver in court and prove he was at fault; if you can do that, then his insurer should pay. For amounts under your state's small claims limit, suing in small claims as your own attorney ("pro se") is a fast, cost-efficient option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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