What to do if I was recently in a wreck and it’s been a week now and the at fault driver’s insurance company has not been out to estimate damages?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was recently in a wreck and it’s been a week now and the at fault driver’s insurance company has not been out to estimate damages?

I’ve spoken to their insurance company and was told that its was waiting on a statement from its client before it could settle. The accident was not fault; I was stopped at a stop sign when the other driver smashed into my truck. There were no injuries but my truck was totaled; the frame is bent and I don’t know if it can be fixed. I’ve missed work for 6 days so far because of this. What steps should I take in getting my truck fixed?

Asked on November 1, 2015 under Accident Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Remember the other driver's insurer is the other driver's insurer; you are not their insuref, and they have no obligation or duty to you. Their duty is to their insured to--within the terms of the policy--pay amounts which he may be liable for. If they choose to pay you compensation without you suing their driver and winning in court, they may, but they do not have to; they can wait to see if sue, defend their driver in court, then only pay (up to policy limits) if you win.
If you have the relevant insurance, that is, collision coverage, look first to your own insurer for compensation; that will typically be the fastest, most cost-effective option. Otherwise, if the other insurer is not being cooperative or forth coming with compensation, you may have to sue the at fault driver.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption