Richmond, TX asked in Insurance Bad Faith and Car Accidents for Texas

Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of camera and even if in lane partially--he is responsible to stop not hit us. What should we do--can we do small claims court--if so what do we tell the insurance company who has already ruled 50% responsible?

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Personal Injury Lawyer
  • Frisco, TX
  • Licensed in Texas

A: An insurance company does not make "rulings." Its position may be that your wife is 50% responsible, but that is not a "ruling." If the amount in controversy is less than $20,000, you can sue the other driver in small claims court to secure a court ruling allocating the percentage of responsibility between your wife and the other driver. The other driver's insurance company will likely represent the other driver in your lawsuit. Depending on the amount involved, the insurance company might capitulate rather than paying an attorney to represent the other driver in court. To save money, it might even let the other driver appear without a lawyer. The other driver might or might not accept responsibility for the collision.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: You may be able to do small claims, depending on the PD figure and the limit in Texas small claims. I hope your wife is okay. Since the claim does not appear to involve bodily injury, you could decide if the size of the property damage claim justifies having an expert look at the film to offer an opinion. Good luck

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