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The other driver's insurer denied my claim or isn't responding. Can I use my own insurance?

Car insuranceDeniedTexasChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: TDI View original ↗

In short

  1. Yes, you can claim on your own policy if you have the right coverage.
  2. Collision pays for repairs. Uninsured motorist coverage can help if they had none.
  3. Check your declarations page to see what you have.

What this means

TDI says your next option is a claim with your own car insurance [1]: • Collision coverage pays to fix your car. • Uninsured motorist coverage pays if the other driver had no insurance or not enough. It also pays for hit and run. • For medical bills, PIP, med pay or uninsured motorist coverage might pay.

Your insurer will try to get its money back from the other driver's insurer. If it gets some back, you might get your deductible back [1].

You can also file a complaint with TDI. Then the other driver's insurer must write to you. It must say why it denied the claim or paid the way it did [1].

Your next step

Check which of these coverages are on your declarations page. The sources give no deadline.

Check it yourself

Open TDI's page "Accident not your fault? Here's how to deal with the other driver's insurance." and read "Use your insurance". Your declarations page lists the coverages you bought.

Where this comes from (1)

  1. [1] TDI · checked 2026-11-06

    Your next option is to file a claim with your own car insurance. If you have collision coverage, it will pay your repair costs. If you have uninsured/underinsured motorist coverage, it will pay if the at-fault driver didn't have insurance or enough insurance to pay your car repairs. It also pays for hit and run accidents … If you have medical bills, your personal injury protection coverage, medical payments coverage,…

How we found this

We matched your question to 1 official source, 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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