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I got into an accident two months ago with a driver who was insured by GEICO. I got a call from them yesterday saying there was no way to prove who was at fault and that they are denying my claim and their policy holders claim. Is there anything else I can legally do? I need my car fixed! Also, the lady that hit me did have an attorney and now I'm afraid she will come after me!

  • You got a call from which insurer? Your contract is with your insurer. Have you reviewed the comments from your other question on this incident? – feetwet Jul 16 '16 at 15:12
  • I got a call from her insurance. My insurance is denying liability as they believe the other driver is at fault and vise versa. I got a call from her insurance GEICO saying they denied my claim against them since it was a 'he said she said' and no witnesses were present. – SkywardSword Jul 16 '16 at 15:17
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Texas is a little unusual because it is not a no-fault car insurance state. However, if you have paid for insurance it appears that your insurer is required to pay for your insured damages if it can't attribute and recover the costs from other involved parties.

If they refuse to do so you should contact the Texas Department of Insurance, which regulates your insurer and offers guidance in navigating these situations.

  • Well, I have an old 2006 Chevy and I didn't see any sense of getting anything other than just the minimum liability insurance. I just want to know if there's anything I can do to the insurance company to get them to fix my car. – SkywardSword Jul 16 '16 at 15:35
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    If you didn't pay for insurance to cover damage to your car then no, they will not pay to fix your car. Fortunately, the liability insurance puts your insurer on the hook if you are sued by a counterparty in the incident. – feetwet Jul 16 '16 at 15:37
  • Do you think I should hire an attorney or sue the other insurer? The lady lied and said I came into her lane when it was clear from the damage that she came into mine without looking. – SkywardSword Jul 16 '16 at 15:55
  • I don't know what you should do. But I can recommend a little reading before you think too far about starting a lawsuit. – feetwet Jul 16 '16 at 17:00
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There no point in suing the other insurer: they have done you no wrong. You have to go after the person driving the other car and sue them. Your insurance company won't do that for you, since you didn't get comprehensive that creates an obligation for them to trot out a battalion of suits to press your case. If you actually prevail in court (prove that it is actually her fault) they will pay their client. The other insurance company may feel (say) that there's no way to prove who is responsible, but if the facts are on your side, you might persuade a court. And you're right, there is always the chance that they could likewise try to prove that you are at fault (which is where your liability insurance becomes very handy).

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if your insurer is denying liability but you believe you weren't at fault, you should consult a Texas personal injury attorney. He or she will be able to sit down with you, go over the facts and determine whether you were actually liable for the accident. Make sure to keep a file or Excel sheet of all expenses you've paid since the accident; this way, your attorney can try to get them reimbursed by your insurance company, should you be successful with your lawsuit.

This will also help protect your interests in the event that the other woman's attorney pursues you. A lawyer will make sure that you aren't blindsided by a lawsuit and will negotiate with the other side when necessary. Additionally, he will be able to negotiate bills with your insurance company and try to lower them if possible.

If you think that your insurance company is acting in bad faith (IE, they're unreasonably denying your claim), then you'll want to notify the Texas Department of Insurance. They can investigate the claim and, if they find that your insurance adjuster was indeed acting in bad faith, they can levy fines.

Either way, filing a claim against your insurer (and using an attorney to do it) is the surest way forward in terms of recovering a settlement and being compensated for your injuries. The insurer has a duty to investigate your claim, explain why it isn't pursuing it, and promptly issue that denial.

  • I take it you are assuming that the OP actually does have comprehensive insurance but his insurer is denying that fact, or alleging fraud or some other reason for denying their obligation. – user6726 Jan 16 '17 at 22:53

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