I was a passenger in a head-on car accident last year and no one wishes to help me settle my claim. What can I do?
Asked in Houston, TX Last answered on October 26, 20264 answers
It's not clear from your question why you are having trouble with your claim. Is it because you have not been able to hire a lawyer? Is it because the insurance adjusters you are talking to will not respond or agree to settle? To settle a claim without a lawyer you need to present your claim to the insurance company or companies for the driver you believe is at fault. If the driver of the other car is at fault and the owner of the car you were a passenger in had Uninsured or Underinsured Motorists coverage, or Personal Injury Protection coverage, then you should also contact that insurer to make a claim. If you want to hire a lawyer to settle your claim, do a search for personal injury lawyers in your area and start calling the ones that look reputable and experienced.
Hello,
If there has been a claim made with the at fault party's insurance company, you can contact the adjuster directly to settle your claim. If there has not been a claim made, request the crash report in the city/county where the crash happened. The crash report should list the at fault party's insurance company. Contact them to make a claim and get your claim resolved.
As a passenger, you're in a stronger position than you might realize. You weren't driving either car, so fault disputes between the two drivers generally don't affect your right to recover. You can pursue a claim against the driver (or drivers) who caused the crash, and if it's unclear who was at fault, you can often file against both insurance policies. If either driver was uninsured or underinsured, look at your own auto policy (or that of a relative you live with) for uninsured/underinsured motorist coverage — many people don't realize this applies even when they weren't driving.
If insurers aren't cooperating a year later, that's usually a sign they're hoping you'll give up or run out of time. In Texas, you generally have two years from the date of the crash to file a lawsuit, so don't wait much longer. An attorney can put pressure on the insurers, gather the records needed to prove your damages, and file suit if a fair settlement doesn't materialize.
Was your friend driving at fault? You can sue the driver of your car if he was at fault. But that person needs to have money or insurance. or if the other car was at fault, then you can sue them. Lots of lawyers should be happy to take that case, unless people don't have insurance or somehow you as the passenger were at fault... which sounds crazy.
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