Auto Insurance Claims: Small claims court against insurance company, small claims suit

Question
Recently was involved in a accident in Tx. Both parties were leaving private property but the actual colllision occured on a public road. I was going straight, while the other party turned left and hit me at the wheel area on the back of my truck. The police report did not assign blame becausse we were both leaving private property (a parking lot)We only have liability insurance as did the other driver. Their insurance denied ANY liability in this claim and refuse to pay for any damages. They also would not discuss with us why they felt they were not liable and stopped taking our calls. We filed against them in small claims court on grounds of Unfair Claims and they are trying to get it dismissed. What are are chances of getting our vehicle fixed? What would are next steps be if it does get thrown out?

Answer
Carolyn,

  Unfortunately, I see some problems with your case.  The insurance company will likely be successful in getting the case dismissed.  The insurance company can disagree with you about liability if they want to, unless there is very clear evidence that their policy holder was at fault.  You guys seemed to have sued the wrong party.

  If you sue the other party, then their insurance company will be obligated to defend them, and you will have a much better chance of proving that the other party was at fault, which will cause the insurance company to have to pay.

  Basically, the insurance company is simply telling you that they don't believe their person is at fault, so they aren't paying.  This is allowed.  If you prove the insurance company wrong in court (by winning a case against their insured), they will be forced to pay for the damages awarded, but be prepared for the insurance company to send an attorney to the court in order to defend their policy holder.

  If you need to bounce things off a live person, you can look me up on the web at www.pettydetailsllc.com.

Sincerely,
Justin Petty