Auto Insurance Claims: parking lot - Texas, parking lot accident

Question
My son was hit by someone backing out of a parking space in a real hurry.  In fact, backed out so quickly that it totalled his car.  The police were called, but it was in a private parking lot - strip center - and they left.  My son was going very slow, he said he was basically idling.  She is claiming that the sun was in his eyes and he couldn't see her.  He did not honk, as it happened so quickly and he was just shocked and scared.  The pictures do show that he tried to veer away, but to no avail.  There was a witness that said she backed out without watching.  However, it is obvious that the lady does not want to pay.  This is my son' first car and it only has liability.

Answer
Marcie,

  If there was a witness, then you need their name, address, telephone number, and written statement.  Ultimately, if you have an independent witness, it will be very hard for the other person to deny liability successfully in front of a judge or jury.  Small claims court in Texas is very cheap and effective.  If you are able to present a claim to the other person's insurance (if they had insurance), then you'll likely get paid if you get the witness to give a statement to them.  Ultimately you may have to litigate the matter in small claims court if you can't get a satisfactory response.  Additionally and depending on the exact circumstances, it may be possible to jeopardize the other party's driving privileges by researching chapter 601 of the Texas Transportation Code.  

   I hope this helps!  Information is always free at Petty Details, LLC!