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The at-fault driver's insurer paid my claim but not the full repair cost. Can I get the rest?

Car insurancePaid too littleChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Texas Department of Insurance (TDI) · Accident not your fault? Here's how to deal with the other driver's insurance. · section "Issues that can happen when fili View original ↗

In short

  1. The other driver's insurer may pay less than your costs. A Texas agency lists this as a thing that can happen.
  2. Tell the insurer why you disagree, and ask for its reason in writing.
  3. Your own collision coverage, a complaint, or a court case are other paths.

What this means

Your question does not name a state, and the rules differ by state. This answer uses pages from the Texas Department of Insurance (TDI) as an example. TDI says the other driver's insurance should pay for your car repairs, medical bills, and a rental car, but it might not pay all of your costs [1]. TDI lists "Say their driver doesn’t have enough insurance to pay all your costs" as something that company might do [1]. You do not have a contract with that company, so you do not have the same options as with your own company [1]. If it says it will not pay, TDI says to ask for its reason in detail and in writing [1].

TDI says that if you disagree with the adjuster's estimate or the amount the company is offering, you should tell the insurance company why. You might be able to work things out by talking with the company or the adjuster [2]. TDI says appraisal can be used only for disputes with your own insurance company, not with another person's insurance company [2]. Another path is a claim with your own insurer. For that you must have collision coverage, and you will have to pay a deductible [3].

You can also complain to TDI. The complaint must be in writing. TDI says it cannot decide who was at fault in an accident or determine damage amounts [2]. If the company will not pay for your damage, TDI says your next option is to get legal help [4]. For a claim of less than $20,000, TDI says you can use Justice Court, a special court for small-claims disputes. You do not need an attorney, but you have to pay a filing fee and other court costs in advance [2]. The TDI help number is 800-252-3439 [4]. The sources do not say whether you should sign anything the insurer sends you, or how to ask for more money after a payment.

Your next step

Tell the other driver's insurer why you disagree with its estimate or payment, and ask for its reason in detail and in writing. Look at the first page of your own policy to see whether you have collision coverage and what your deductible is. The sources give no deadline for any of these steps.

Check it yourself

Open the TDI page "Accident not your fault?" and read "Issues that can happen when filing a claim" and "Get help". Then open the TDI Auto insurance guide and read "Resolving problems". The sources do not say how another state handles this, and they do not say whether a release, a supplement request, or a second payment is allowed — "Don't know yet".

Where this comes from (4)

  1. [1] Texas Department of Insurance (TDI) · Accident not your fault? Here's how to deal with the other driver's insurance. · section "Issues that can happen when fili · checked 2026-11-06

    The other driver’s insurance should pay for your car repairs, medical bills, and a rental car. Still, there’s no guarantee they will pay. The other driver’s insurance company might: … Say their driver doesn’t have enough insurance to pay all your costs. … You don’t have a contract with the other driver’s insurance, so you don’t have the same options you would with your own company. If the other insurance says they wo…
  2. [2] Texas Department of Insurance (TDI) · Auto insurance guide · section "Resolving problems" · checked 2026-11-06

    If you disagree with the adjuster’s estimate or the amount the company is offering to pay you, tell the insurance company why. You might be able to work things out by talking with the company or the adjuster. … You can use appraisal only for disputes with your insurance company. You can’t use it to resolve disputes with another person’s insurance company. Complain to us. Your complaint must be in writing. … For insta…
  3. [3] Texas Department of Insurance (TDI) · Auto insurance guide · section "What if the other driver’s insurance company refuses to pay my claim?" · checked 2026-11-06

    file a claim with your own insurance company. You must have collision coverage to do this. Your insurance company will probably try to collect from the other driver’s company. Be aware that if you file a claim with your own company, you’ll have to pay a deductible.
  4. [4] Texas Department of Insurance (TDI) · Accident not your fault? Here's how to deal with the other driver's insurance. · section "Get help" · checked 2026-11-06

    If the insurance company won’t pay for your damage or medical bills, your next option is to get legal help. … Questions? Call us at 800-252-3439.

How we found this

We matched your question to 4 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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