Questions & answers · Car insurance
The other driver's insurance says their driver wasn't at fault. Can I appeal that, and who pays now?
Car insuranceAppealTexasChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: TDI View original ↗
In short
- If their insurer says no, you can use your own collision coverage.
- Get the police report.
- Check your policy for time limits.
What this means
TDI says that if the other driver was at fault, their insurance should pay for your repairs. If that company says its driver was not at fault, you can file with your own company. You must have collision coverage, not just liability. Your company will probably try to get the other company to pay. If it does, you'll probably get your deductible back [1].
TDI says it probably can't help with a complaint about the other driver's insurer when it won't accept fault. TDI also can't decide who was at fault. If the police came, get a copy of their report [2].
So TDI does not offer an "appeal" of the other insurer's fault decision. The sources give two routes: your own collision coverage, or legal help if you want to sue [1][2].
Your next step
Get the police report [2]. If you have collision coverage, file with your own insurer [1]. The sources give no deadline. Time limits to sue are not in these sources — "Don't know yet".
Check it yourself
Open TDI's auto insurance FAQ. Read the question about the other driver's fault. Your policy's first page shows if you have collision coverage.
Where this comes from (2)
[1] TDI · checked 2026-11-06
If the accident was the other driver's fault, their insurance should pay for your repairs. If the company refuses to pay because it doesn't agree that its driver was at fault, you can file a claim with your own company. But you must have collision coverage – not just liability – to do this. Your company will probably try to get the other company to pay your claim. If the other company agrees to pay, you'll probably g…
[2] TDI · checked 2026-11-06
We also can't: … Help with complaints against another person's insurance company. For instance, we probably won't be able to help you if you're in an accident and the other driver's insurance company won't accept liability. Decide who was at fault in an accident. If the police were there, ask for a copy of their report. … Step 5: Get legal help If you're still not happy with the outcome of your claim and you want to …
How we found this
We matched your question to 2 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.
Related answers
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- In Virginia, the other driver's insurer denied or lowballed my car claim. What can I ask it to give me in writing?
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