QuestionHello, I am my wits end and I will try to brief as possible. The incident occurred in Houston Texas last month.
My statement to both insurance companies as follows:
1) Traveling the speed limit at 65mph in the second right lane of a 4 lane highway.
2) Moved to the right lane after signaling and checking all mirrors. Plus looking over my shoulder.
3) The vehicle that eventually hit me had exited the highway prior to my change of lanes as the lane was clear.
4) As soon as I completed the lane change I was hit in the Right rear door and quarter panel. The Other vehicle sustained front bumper to the left side and radiator damage where fluid had drained to the pavement. There was no side damage to the Left front fender door or rear of his vehicle.
5) I was spun around and ended up on the exit ramp facing the wrong way about 50 yards down the road from the other vehicle. There are skid marks showing where I crossed the area of concrete between the highway and exit ramp. The other vehicle was also on the exit ramp about 10 yards from point of impact.
6) The other drivers insists I changed lanes into them
7) The police came but gave no tickets or completed an accident report. They gave us both the Texas "Blue" form.
8) The damage to my vehicle is quoted at $4500 - $5000 by two body shops. The body shops also wanted to know "WHAT KIND OF VEHICLE HIT ME"
9) The other Drivers insurance is denying any liability since there where NO Witnesses and NO Police report and our statements are conflicting.
10) My insurance is denying Liability based upon photos supplied by the body shop and body shop statements on how the damage occurred.
My question is related to the pursuing the insurance company of the Driver of the other vehicle. The Driver is a 19 y/o kid on his divorced dads policy. If I took them both to small claims I probably would end up without a penny as they could not likely pay. What should I do and how would I pursue the other drivers insurance. I only have Liability on my vehicle so the insurance company wont fight for me. THERE WERE NO INJURIES.
I look forward to your input and advice and I appreciate this service.
Bob
AnswerHi Bob,
In this situation it is simply a matter of your word against the other drivers word. Since his insurance company has already denied liability, the only thing you can do is to file suit against the at-fault driver and the owner of the car he was driving. Their insurance comany will provide them with a defense attorney. You or your attorney will need to present your case in a manner that seems more believable then the other drivers. If you win your case it would be the at-fault drivers insurance that would then have to pay for your damages.
I hope this helps
Richard Hixenbaugh
