Auto Insurance Claims: Side-swiped from behind while stopped at a stop light, third party liability, own insurance

Question
My son was stopped for a red light when a pickup truck ran into the back driver-side corner of the bumper and then side-swiped the entire left side of the car while trying to squeeze into the left-turn lane next to my son.  The other driver admitted fault on the scene and begged my son not to get the insurance companies involved.  Regardless, we have filed a third-party liability claim with the pickup driver's insurance, but after two weeks, Allstate has "not accepted liability," according the adjustor, because the other driver is denying he is at fault.  Since my son was at a complete stop at a red light in the proper lane, we feel the other driver is liable, but the damage is not in the back of the car, like a true rear-end collision.  The pickup had a big grill on the front which did all of the damage to my son's Mazda, which also had broken suspension parts by the left rear wheel.  We have hired an attorney and are prepared to go to court if necessary, since this has come down to a "he said, he said" case.  We cannot file a collision claim with our own insurance because this car did not have the coverage on the date of the accident.  Are we doing the right thing by pursuing this with Allstate via an attorney?  I'm prepared to pay to repair the car and for the rental, and my feeling is if the other driver may have no problem lying to Allstate, but it's another matter to lie in court.  Is this a complete waste of our time and money to pursue this?  We live in Houston, Texas, by the way.

Answer
Hi Elizabeth,

It is not a waste of your time as long as your son makes a good witness. He will have to explain in detail to the judge exactly where all of the cars were located, what happened, when it happened, etc. If he can make drawings of get photos of the scene that will help him explain, it will help the judge to understand. In this type of a case where it is "he said - he said" the person who seems the most prepared, the most articulate and the most convincing will generally win.

I hope this helps
Richard Hixenbaugh