Non-contact Insurance Claim Denied

[GGuerrer]

I'm in Dallas, Tx and a car pulled out into traffic and I slammed on the brakes and slid into the medium and crack my transmission. My car does not work now and I filed a insurnace claim with their insurance but was denied due to the fact I did not hit the womans car.
At the time of the non-accident accident, the police came out and the other driver admitted complete fault stating, "she did not see me." This was odd because I was the only car on the road with my headlights on. It was a little before dusk, streets were clear (no rain or anything) and the other car had the stop sign.
I need to know if there is anything I can do to get my car fixed without involving my insurance company and having to pay the deductable plus having my insurance go up. Thank you in advance

 

[seniorjudge]

Sue the person who (you say) caused the accident.

Make sure you have copies of the police report.

 

[InsuranceLadyAZ]

Sue the person who hit you.

Make sure you have copies of the police report.

SJ, I think the OP is saying the other vehicle didn't actually strike him or her; just caused him or her to hit the median.

 

[seniorjudge]

SJ, I think the OP is saying the other vehicle didn't actually strike him or her; just caused him or her to hit the median.

See edit.

...I slammed on the brakes and slid into the medium....

Hope OP doesn't get repossessed!

 

[GGuerrer]

Dallas, TX.. I did slam on brakes and slid into the median which was tall enough to crack my transmission. I talked to the insurance company again today for further clarification and was told that I was the majority cause of the accident. I then replied, if the woman did not pull out in front of me, then i would not have had a reason to slam on my brakes. It did not makes sense to me that I cause the accident.

I need help to figure out if it is worth hiring a lawyer to fight this for me. I am to attain a copy of the police report tomorrow and will update with what was found.

Thank you all that have replied.

 

[InsuranceLadyAZ]

Dallas, TX.. I did slam on brakes and slid into the median which was tall enough to crack my transmission. I talked to the insurance company again today for further clarification and was told that I was the majority cause of the accident. I then replied, if the woman did not pull out in front of me, then i would not have had a reason to slam on my brakes. It did not makes sense to me that I cause the accident.

I need help to figure out if it is worth hiring a lawyer to fight this for me. I am to attain a copy of the police report tomorrow and will update with what was found.

Thank you all that have replied.

While there are accidents that are unavoidable, you are required to have your vehicle under control at all times. The insurance company is correct. I learned this the hard way several years ago when I swerved to avoid a deer. If I had just hit the darn thing, it would have been a comp claim instead of a single-vehicle at-fault accident.