I was rearended in a car accident on the highway. The other driver claims she was going the same speed limit and I "cut her off", but there were skid marks 100 yards long indicating she wasn't able to stop in time because she was going to fast to stop. Dallas police would not come to scene of accident because there was no one injured. Her insurance company denied the claim because there was a dispute at who was at fault. What can I do??
This is why there are lawyers in Texas. You sue her.
But sounds like you will have some proof problems.
Go see a lawyer.
#1 by tianjian_8 on March 25th, 2009
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Simple. Contact your local bar association regarding referrals to lawyers who handle personal injury and insurance disputes in your area and sue. Or do nothing and get nothing.
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#2 by Silly World on March 25th, 2009
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You can't win against an insurance company, but usually it would be your insurance company fighting for you
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#3 by overweight doomsayer on March 25th, 2009
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Your insurance should be paying for your damages and you should be paying the deductibles.
Later on they will send you a check for the deductible.
The same thing happened to me last year.I got rear ended by a truck and the guys lied and said i cut them off (wich was a lie).My insurance is still trying to recover the deductible from the other driver insurance…..
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#4 by raichasays on March 25th, 2009
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This is why there are lawyers in Texas. You sue her.
But sounds like you will have some proof problems.
Go see a lawyer.
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#5 by bkc99xx on March 25th, 2009
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Her insurance company is simply trying to avoid paying the costs. If you have full coverage, you can show your insurance company the denial and then claim the damages against your insurance. Then, your insurance company will either get mad and sue to prove that they should not be responsible or they will pay the damages if there are sufficient questions regarding their ability to win the case. If you don't have full coverage, then you are probably on your own and will have to hire a lawyer to file suit against the other person to force a judgement of who was at fault and ultimately who will be responsible for your repairs.
This is a pretty typical tactic for most insurers as a certain percentage of people will decide not to pursue since they don't know their rights or will simply repair the damages themselves if they are not that significant.
Good luck
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#6 by regerugged on March 25th, 2009
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Sue the other driver. Depending on the dollar amount of damages, you might be able to take her to small claims court.
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Retired claims adjuster.