Auto Insurance Claims: rear ended, pain mangement, brand new car

Question
Last April I was stopped behind traffic. A truck with a grill on the front bumper rear ended me.  I did not hit the car in front of me because my foot was on the brake when I was hit. My brand new car was totalled. My neck was injured. The police came and filled out a form in which he gave me to complete and file within 10 days with Texas Dept.of Transportation which I did. The ambulance took me to the ER, and there were witnesses.Clear cut. I reported the accident to Lindsay General, the responsibles party's insurance agency and my insurance agency Farmers.The fellow who hit me was a young man who acted like I ruined his day. He did not even get out of his truck to see if I was ok. He also did not report the accident to his insurance company and because of that, Lindsay General refused to acknowledge the claim I called in. I sent a copy of the form with the policeman's information and a description of what had happened.  So, my car is clearly totaled, police came out, ambulance took me to the ER, there are witnesses and none of that matters because the guilty party did not call and report the claim to his insurance company. My insurance company, Farmers, has paid my medical bills and my uninsured motorist has paid the car off. That is great...I paid for that service.  But I have lost more than a car.  I am in constant pain and see a Pain Mangement doctor and must go for a MRI because medications are not working.  I lost my job because I could not perform due to the pain and have struggled to keep other jobs.  I go home after work and go to bed. My life has stopped. There must be a way to get the claim paid by Lindsay General. My insurance company said it is legal to not acknowledge a claim if not called in by the insured. To me, with all the clear cut evidence, Lindsay General is obstructing justice. What can I do to get this claim paid for by the guilty party's insurance company. I can not work like I use to therefore I am not making enough money to pay my bills. I am behind on my mortgage payment, and others.  This guy has ruined my life and walking away without a care in the world.  Can you please help me?  Dana

Answer
Lindsay cannot just refuse to acknowledge the claim.  They are required to investigate and determine if coverage applies.  However, if their insured has refused to cooperate with their invesigation, they can deny coverage to their insured for this reason.

Their insured has a contract with them; you do not.  Their duty is to defend their insured against your claim.  If their insured refused to cooperate, they can deny him coverage.

If they simply did nothing as you suggest, this is an unfair claim practice.  You can report this to the state insurance department.

I think you may need an attorney at this point as the claim has become complex.  Most will only  charge a fee that is based on a percentage of your settlement or award if the claim goes to trial.  Do not hire one of the TV lawyers, they are about volume and not quality service.  I would get a referral from a friend or the state bar association.

Also, in most states your UM coverage will act as if they were Lindsay if lindsay denies coverage.  This means they would pay for the items you list above.  I'm not sure this is the case in your state, but you should ask.