Legal Question in Insurance Law in Texas

claim on my uninsured motorist

My parked car was hit by a hit-and-run driver in her own neighboorhood. She parked her car at her home and refused to open the door to the police who answered my call. Not wanting to wait for her, I filed under my own UIM coverage.

My 'total loss adjuster' are near a settlement figure, after a few weeks of going-round-in-circles.

But now, my original adjuster has been able to locate the offending driver's insurance company, who admits liability (my total loss adjuster hasn't yet been informed of this). I would rather continue my claim under my own UIM, rather than contact an adversarial insurance company and begin discussions anew, with an even less helpful adjuster.

Do I even have this choice? Or will my insco force me to start anew with the offending party? I am afraid that the opposing adjuster won't accept the quote that my own adjuster is giving me without further investigation, delay, and hassle. I'd prefer to have my own insco pay me first, then seek reimbursement, rather than my having to pursue it myself.


Asked on 1/25/08, 2:24 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: claim on my uninsured motorist

Your own insurance should pay..then seek reimbursement fromother...the insurance company has to duty to see if the responsible party is insured...but they may try to put on you. They should have paid within 15 days...and if not, you could recover from them the damages, perhaps trebled, with 18% penalty and attorney fees...etc...Good luck

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Answered on 1/25/08, 3:19 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: claim on my uninsured motorist

Your own insurance should pay..then seek reimbursement fromother...the insurance company has to duty to see if the responsible party is insured...but they may try to put on you. They should have paid within 15 days...and if not, you could recover from them the damages, perhaps trebled, with 18% penalty and attorney fees...etc...Good luck

Read more
Answered on 1/25/08, 3:19 pm


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