Legal Question in Insurance Law in Texas

Insurance co refuses to pay claim

My wife and I were driving in a pharmacy parking area when a woman backed her car out of her parking space striking our car on the side. We exchanged insurance info. I called her insurance company and they said she was insured by them. We sent all the information they requested including the police report. It is now 3 months later and the insurance company refuses to pay the claim because their client will not respond either by mail or phone calls about the accident. My question is, can I sue the insurance company in small claims court.


Asked on 3/05/08, 8:06 am

1 Answer from Attorneys

Re: Insurance co refuses to pay claim

No, you cannot sue the insurance company in small claims court. You would have to sue the person that hit you. If you have your own insurance, I'd recommend your calling them, have them fix your car, and they can handle going after the other person for you (subrogation.)

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Answered on 3/05/08, 8:59 am


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