Other Driver’s Insurance Not Responding in Texas?

I’m Don McClure, a Houston car accident attorney. My office helps people with injury claims in Houston, Pasadena, Deer Park, South Houston, La Porte, and nearby southeast Houston communities. We also serve Katy.

Your Insurance vs. the Other Driver’s Insurance

The difference starts with your policy. A claim under your own policy is called a first-party claim. In contrast, a claim against the other driver’s insurer is a third-party claim. [2]

Your insurer has a contract with you. You generally do not have that contract with the other driver’s company. As a result, your options can differ when a claim stops moving. [2]

Why Is the Other Driver’s Insurance Not Returning My Calls?

Several issues can delay a reply. For example, the company may be:

• Trying to reach its driver.
• Checking who caused the crash.
• Disagreeing with part of your account.
• Reviewing whether the policy covers the accident.
• Checking repair costs, bills, or other records.

The Texas Department of Insurance, or TDI, lists unreturned calls and an unresponsive driver as possible problems with these claims. [1]

If you are dealing with the other driver’s insurance not responding in Texas, a useful question is: “Is the delay about fault, coverage, or missing records?” That answer gives you more detail than “We are still working on it.”

What If Their Driver Refuses to Give a Statement?

The claim may slow down, or the company may refuse payment if its driver does not cooperate. However, silence does not prove who caused the crash. Other evidence may still matter. [2]

For instance, the available records may include:

• Photos of the cars and crash scene.
• Witness names and contact details.
• Dashcam footage.
• The police report.
• Repair estimates and records of your losses.

Also, “Our driver has not called back” is different from “The policy does not cover this crash.” The company’s stated reason matters.

Does the Other Insurance Company Have a Response Deadline?

The first-party payment timetable does not apply to your claim against the other driver’s insurer. TDI makes that distinction clear. Still, the company must handle claims fairly. [3]

Texas Insurance Code Section 542.003 addresses prompt replies, reasonable claim reviews, and fair settlement efforts when responsibility becomes reasonably clear. These standards are not an automatic payment deadline after your first call. [4]

Which deadlines apply to your own insurer?

For claims covered by the first-party rules, Chapter 542 generally requires:

• Within 15 days after notice: confirm receipt, start the review, and request needed information.
• Within 15 business days after required claim records arrive: accept or reject the claim in writing.
• If more time is needed: explain why within the original decision period. A decision is generally due within 45 days after that notice.
• After notice that it will pay: payment generally within five business days, subject to applicable conditions.

Exceptions and extensions can change these periods. Therefore, this is not a promise that every claim will be paid in 15 days. [4]

Can My Own Insurance Help If the Other Company Won’t Pay?

Possibly. First, the coverage must have been in place when the crash happened.

Collision coverage: damage to your car

Collision may pay for covered car damage. Usually, you pay a deductible—the part you pay yourself. Your insurer may then try to collect from the responsible driver or insurer. You might get your deductible back, but that is not guaranteed. [1]

PIP and medical payments: certain injury costs

Personal injury protection, or PIP, may help with medical bills and some other losses. Meanwhile, medical payments coverage may help with covered medical bills. Both depend on policy terms and limits. [3]

UM/UIM: no insurance or not enough insurance

Uninsured and underinsured motorist coverage, called UM/UIM, may help when the driver at fault has no insurance or too little insurance. However, no callback does not automatically mean the driver is uninsured . [3]

UM/UIM claims also have legal issues about fault, losses, and when payment is owed. So the general timeline above is not a payment clock for every UM/UIM claim. [7]

For more detail, read about uninsured and underinsured motorist claims in Texas .

What Helps When an Insurance Claim Stops Moving?

A clear written record can help show what is missing. Useful items include:

1. Claim details: the claim number and adjuster’s contact information.
2. A contact log: dates of calls, emails, and replies.
3. Supporting records: photos, estimates, bills, and copies of what you sent.
4. A clear status request: whether the delay involves fault, coverage, or records.
5. A written denial: the company’s reason if it refuses payment.

In addition, your own insurer can explain which coverages you have. Liability-only coverage does not pay to repair your own car. [3]

Can TDI make the other insurer pay?

TDI has limited power to help with another person’s insurer. It cannot decide who caused the crash. Therefore, a complaint does not automatically make the company accept fault or pay your injury claim. [5]

When Might an Injury Claim Require Legal Help?

Legal help may be useful when the delay involves more than a missed call. For example:

• Your injuries need ongoing care.
• You have missed work.
• The company disputes fault.
• Coverage is unclear.
• A work truck or several vehicles were involved.
• You have questions about a settlement or the deadline to sue.

A callback alone does not answer all those questions. Instead, the claim may need a closer look at the crash, the policies, and the losses.

Does Waiting for Insurance Give You More Time to Sue?

Waiting for a reply does not automatically extend the filing deadline. Under Texas Civil Practice and Remedies Code Section 16.003, many injury lawsuits generally must be filed within two years after the claim begins—usually the crash date for an ordinary accident injury claim.

However, exceptions and other deadlines may apply. Reporting an insurance claim is not the same as filing a lawsuit. [6]

How Car Accident Attorney Don McClure Can Help

If you were hurt in a crash, I can review what happened and discuss your options. Depending on the case, that may include reviewing records, checking insurance issues, speaking with insurers, and pursuing an injury claim.

My office handles car wreck injury claims . We also handle personal injury cases involving commercial vehicles, 18-wheelers, refinery accidents, and work-site injuries caused by third parties.

FAQs: Other Driver’s Insurance Not Responding in Texas