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My question involves a traffic accident in the State of: Texas On Oct 20th I was involved in a fender bender. The other driver ran his yield sign and I did not see him in time to miss him. It ripped the front bumper cover off my car. No damage to his truck cause the impact was to his rear tire. His insurance took 15 days to determine that I was 40% at fault because I should have been able to avoid him. This goes against common sense, if he had not ran the yield sign I would not have damaged my car. Any advice as to my options? Source: expertlaw [link removed] |
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have you involved your insurance company? Do you have collision coverage? If your insurance company does not have an obligation to represent you in the situation, you are on your own. Either you challenge their determination, including suing the driver if necessary, or hire a lawyer to do it for you. |
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Well I guess i will have to lawyer up. The other driver lied to his insurance(imagine that) and claimed that he stopped at the yeild sign and took off because he thought I was going to stop. I asked the insurance if he had just started to take off how did his momentum carry him 40 feet past the point of impact? Also if I had hit him why was it a glancing blow that took the bumper off and did no other damage to my car. |
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did you have a stop sign? Were you turning and using your turn signal? If none of that, even claiming you were slowing down is not going to give him the right to pull out. |
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No stop sign and was travelling straight across the intersection. His passenger told me after it happened that he had told the driver to stop and that the driver was trying to get across before I got there. Of course the whole story changed when interveiwed by the insurance company. |
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Of course, they always do. Given your explanation of the situation, I find it difficult to see it any other way than they are at fault. Keep plugging away with their insurance company until you get a flat out "NO, we are not paying anything".Then you are at the sue or walk away situation. be aware; when you sue, their insurance company will provide them with a lawyer to defend them. Since you are considering a lawyer, it shouldn't make much difference (in fact, it might help speed things along with you having an attorney) but just mentioning it in case you were thinking of not hiring a lawyer. |
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You should also keep in mind that no attorney is going to take on an "insurance claim with no bodily injury", that will obviously mean that you're paying the attorney his hourly rate... If it was just a "glancing blow that took the bumper off and did no other damage to your car" you maybe better paying for 40% of the repair and having them pick up the other 60%. |