Auto Insurance Claims: I was rear ended and the third party insurance company denied my claim, third party insurance, unsafe lane change

Question
I was rear ended about two weeks ago. It was a sunny day, I was making a right turn into my work parking lot, and I had to come to a complete stop as the driveway was blocked due to a car taking up both the right and the left lane. I had to change lanes approximately 90-150 feet in front of the drive way. A police report was filed. The other driver was issued a citation for failure to control speed and no registration. The third party insurance company (Farmers) is denying my claim due to the fact that I made an "unsafe" lane change. I reside in TX, and am pretty sure that the liability law states that if you are rear ended, the other person is liable. My car has suffered extreme damage to the rear, more than likely exceeding totalled value as I drive a 92 Toyota Corolla. I additionally received a severe case of whiplash and have been getting that treated. How is it possible the insurance company can deny the claim when the other party was so obviously at fault? It seems like a delay/defeating tactic used in hopes that I will not take them to court. So, I am wondering if I take them to court, is there a good chance of winning the case or not? Any advice would be greatly appreciated.

Answer
Hi Jon,

It sounds like the other driver must have told his insurance company that you changed lanes just befor the drive way instead of 100 feet before and that is the basis for their denial. However, unless you received a citation for unsafe lane change I can't see how they could prove it.

You will likely have to file a law suit and let the court determine liability. You will need to get an estimate for the cost of repairs and if it is more than the value of the car you will need to sue to which ever is less. You would sue the at-fault person in the county where they live. If you win your case, it would be the insurance company that would have to pay you.

I hope this helps
Richard Hixenbaugh