Make a claim against the other driver

By Jacob Alford

How do I open a claim with the other driver’s insurer?

Jacob Alford’s recommendation on InjuredTexan.com is to have a lawyer handle the opening conversation with the other driver’s insurer. A call that starts as “just setting up the claim” can turn into questions about fault or injury. Before you make that call yourself, read the recorded-statement FAQ and consider a free conversation about the process.

Contact the insurer through a verified channel. Supply the accident date, location, driver and vehicle information you have, your contact information and a short accurate description of the loss. Ask for the claim number, adjuster, submission method and separate contacts for property damage and bodily injury if the insurer uses them.

Keep a copy of everything submitted. Ask whether the company is still investigating coverage, responsibility, the amount of loss or several of those issues. A claim number acknowledges a file; it does not promise payment.

What if its customer will not respond?

If the explanation keeps repeating and the claim is going nowhere, ask a lawyer whether filing suit is the useful next step. That is the route Jacob uses when ordinary claim handling has stopped producing progress. Filing puts the dispute into a court process with formal ways to obtain information.

The other driver’s failure to cooperate can complicate the claim. Ask what evidence is still needed and whether your photographs, report, witness information or other records will be considered. Request the company’s position in writing rather than accepting an indefinite statement that it is waiting for a call. OPIC third-party claims guidance.

Do not assume the company must pay solely because its insured remains silent. Also do not assume silence extinguishes a claim against the responsible person. The coverage decision and the underlying liability claim require separate analysis.

What if it says its driver was not covered?

Ask which insurer, policy, vehicle, driver and loss date the decision concerns. Obtain the stated exclusion, lapse or other basis. Recheck the policy leads in finding applicable insurance, including owner, driver and relevant work policies. Preserve the denial for possible UM/UIM review under uninsured- and underinsured-driver guidance. A coverage-denial letter is evidence to evaluate, not automatic proof that your own uninsured-motorist claim must be paid.

Can I use my own coverage while responsibility is disputed?

You may be able to use your own collision or other applicable benefits while the liability dispute continues. Compare deductibles and coverage conditions, notify your insurer and avoid signing away its recovery rights without review. Using your policy does not itself decide the other driver’s legal responsibility. OPIC first-party and third-party routes.

Attorney reviewed by Jacob Alford · November 11, 2026