What to do if I was in a an accident and the police report shows that the other driver was at fault for but their insurer hasn’t yet accepted liability?
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What to do if I was in a an accident and the police report shows that the other driver was at fault for but their insurer hasn’t yet accepted liability?
They did not yield to on coming traffic. I am getting medical treatment regularly. How long do they have to accept liability?
Asked on August 7, 2013 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
They never have to accept liability unless you sue them and win; otherwise, they could decide--even if wrongly--that their driver was not at fault. The only way to force someone to be liable is to sue them in court and win. If your medical costs (out-of-pocket; you can't recover the portion paid for you by insurance) exceed the small claims threshhold of your local courts, you should consult with an attorney; if the medical costs are less than the small claims threshhold, you should consider bringing your own suit, acting as your own attorney. You sue the driver, not the insurer; the insurer then steps in to defend and indemnify their insured.
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