Auto Insurance Claims: Auto Insurance Claim, auto insurance claim, hospital emergency room


Question
I was in an auto accident where I collided with another car in an intersection.  I am sure I had the green light.  I was taken to the hospital emergency room.  Wasn't seriously hurt but heard (yes heard) my back pop so wanted to make sure.  In Texas at the time of accident the investigating officer give each drive a sheet with the other driver's info and states any witnesses, etc.  The officer came to the emergency room to return my driver's license, proof of insurance (while I was still strapped to a backboard).  I asked him to just put everything in my purse.  When I finished I look at the accident sheet and there was only time, place and officer's name. No information about the other driver, etc.  As far as I knew, the other driver had left without giving information.  When I called my insurance to report, was told it had already been reported!!  Seems we both had the same insurance.  Anyway the officer reported that there were witnesses that said I ran the red light.  Both cars totaled.  My insurance paid the other driver immediately and paid for my car and my PIP.  A couple of weeks later, the other driver's insurance adjuster called me.  Said that her investigator talked to the witnesses, etc and to make a long story shorter, threw out witness statements and officer's report.  She said that just left the other driver's word against my word.  She offered to pay 50% of my injuries and sent me forms to fill out to get information of my injuries.  I had a strained back and aggravation of previous neck injury.  I sent all information requested and waited.  Didn't hear and called.  Adjusted said it was just a matter of getting all the information.  I called at least once a week and was told basically.  Adjuster was changed but I still got the same answer.  After about three months, and another adjuster, I was told they were not going to pay the claim.  My main questions, without even getting into whose fault, isn't there a law that says that insurance must either pay the claim within a certain length of time or deny liability -- in writing?  

Answer
Hi Edna,

Yes, you are correct. However, insurance companies do not always do what they should.  You should write them a letter demanding that they provide you with a written liability and claim payment decision within 10 days. You should send them your letter by certified mail / return receipt requested.  If you do not receive an answer from them within that time frame you should contact the Texas Department of Insurance to file a formal complaint.  They will then help you get an answer.

I hope this helps
Richard Hixenbaugh