What Can I Do if the At-Fault Party Refuses to Pay My Damages?

man on the phoneIf you or a loved one was injured in a car accident that was caused by another party’s negligence and they or their insurance company refuses to cover the damages, you might still have a chance to recover compensation. Having an experienced lawyer at your side could help protect your rights and pursue the financial support to help cover medical costs, lost wages, pain and suffering and other related damages.

Contact our firm today to learn if you may be eligible for compensation during a free consultation. You are not obligated to hire us for legal representation, so there is no risk to you. We only receive payment if we are able to secure fair compensation for your claim.

What Are the Rules in Texas?

Texas is considered a fault state, which means that drivers who are found to be at-fault for an accident involving injuries and other damages are responsible for covering these costs. To be found liable, the driver must be at least 51 percent culpable for causing the accident.

However, even when an at-fault party is found legally liable for causing the crash, there are times when the insurance company may try to avoid paying for the damages. If this becomes the issue with your claim, we recommend consulting with an experienced lawyer.

Depending on the details of your claim, you might have three different options to recover compensation, which your lawyer can advise the best direction for you to proceed. These options are:

  • Pursue compensation from the at-fault party’s insurer – If you and your lawyer can prove the accident was the result of negligence by the other party, you could receive compensation from his or her insurance company.
  • Try to obtain coverage from your own insurer – If the at-fault party is uninsured or underinsured, you may be able to obtain coverage from your own auto insurance company, depending on the details of your policy.
  • File a lawsuit against the at-fault party’s insurer – If you cannot recover compensation from either insurance company, you may have to file a lawsuit where a jury will decide if you are to be compensated for your damages.

Why Might Insurers Refuse to Cover My Damages?

There are many reasons why insurers may try to avoid payment for a claim, including the following:

  • Compensation disputes – The insurer does not agree with your demands for the damages you sustained. Insurance companies are known for trying to save money by denying or devaluing claims. You and your lawyer may need to provide additional evidence depicting the severity of your damages.
  • Fault disputes – If the insurer believes that you are at-fault for the accident, they may try to use this as a reason to avoid making a payment. Having a qualified attorney investigate your accident may be able to help prove that you are not at-fault.
  • Bad faith insurers – Sometimes insurers look for any little reason to deny your claim, including using your words against you. It is important to let your attorney handle all communication with insurers to protect the value of your claim.

Seek Legal Assistance From a Licensed Attorney

If you are struggling to receive adequate coverage for your injury claim, we recommend seeking immediate legal assistance from a licensed attorney.

The Weatherford car accident attorneys at Anderson & Cummings know how to get a prompt response from insurance companies and negotiate a fair settlement on behalf of our clients.

We offer a no cost initial consultation and there is no obligation to have us represent you. We charge zero upfront fees for our services unless we help you obtain a recovery.

Learn more about your legal options by calling (817) 920-9000.

*These are actual dollar amounts paid to clients after the deduction of attorney fees and expenses.


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