Was in an auto accident last year where the other driver was 100% at fault. Yesterday I received an email from my insurance that they are no longer seeking collections action against the third party & authorize me to seek action to recover my deductible. What should I do?

Navigating the Insurance Journey After a Car Accident: Seeking Guidance

Last year, I found myself in a difficult situation following an auto accident where the other driver was entirely at fault. After what felt like an eternity, I received an email from my insurance provider indicating that they would no longer pursue collections against the third party and have now authorized me to take action to recover my deductible. As a newcomer to the insurance and legal systems, I’m reaching out for advice on how to proceed.

The Email and My Current Dilemma

Yesterday, I received an important notification from my insurance company stating:


“Please be advised that in accordance with Section 542.204 of the Texas Insurance Code, we are notifying you that we do not intend to take further collection actions against the liable third party for this claim. Consequently, we authorize you to pursue action at your own discretion and cost against the responsible party to recover your deductible. Please note that the statute of limitations on most negligence claims in Texas is two years, so any action must be taken within that timeframe.”


Despite my best efforts to connect with my previous insurance provider for clarification, I’ve encountered numerous challenges. Each time I attempt to reach them, my calls drop or lead to a dead end with no option to leave a message. It’s becoming increasingly frustrating, especially as I haven’t received any updates on my case since September.

My Accident Overview

To provide some context, last year, a driver recklessly merged into my lane on the highway, causing my vehicle to slam into the cement barrier—totaling my car. The other driver was found to be 100% at fault. Unfortunately, their insurance has been disputing the claim due to an initial police report that mistakenly indicated who was at fault. Thankfully, I promptly corrected this report, but the complications have persisted as their insurance company has been ignoring my attempts to set the record straight.

Seeking Guidance

Now, with the authorization to pursue my deductible, I find myself at a crossroads. Should I consider hiring a legal professional, and if so, how do I go about that with my limited financial resources? I’m feeling quite overwhelmed, and any insight or advice from those who have faced similar situations would be greatly appreciated.

I’m determined to understand the necessary steps to take in order to recover my deductible and close this chapter of frustration. Thank you for your support!

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