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TX Auto Accident Dilema, Need opinions

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eftx08

Junior Member
What is the name of your state? TX

The Accident:
4-way stop sign at an intersection, I make a complete stop have witness behind me. I start to drive foward going north bound and see a car speeding towards me heading east bound, by the time i slam on my breaks its already to late. He clips the front end of my car basically ripping off the bumper with his passanger rear side quater panel and his bumper flew off too. Basically damaging everything past the front metal frame bar. So no engine damage of the sort, and the tip of my hood is scratched from his car but not bent or anything that's how close it got. He even stated he didn't see the stop sign because of a thin tree, but i figured most people around the area knows about the stop sign. That and also he had to be going way faster than the speed limit for him to land where he landed at when he impacted me.

No one was hurt, no airbags deployed in any of the cars. I called the police. Police arrive took information from both of us. He stated that the driver of the car that hit me did not have his drivers license and insurance on him at that time, and only had his ID card for work. I had my drivers license and insurance from my previous car.

The Dilema:
My car a brand new 08 bought feb 6th. The accident happened feb 12th and the insurance policy didn't get added on till after the accident happened. At first I thought I was in the clear but then the claims person stated that since I put the policy after the accident its going to be under the uninsured, and my previous car didn't have a collision policy on it so it won't get transfered over within that grace period they have for purchasing a new car.

Now the Ins. is waiting for the other driver policy number so they can conclude that they either do or don't have insurance coverage on their car. What makes me mad is I have to sit here and wait till they get that information. The Ins. company says I can't do anything till they have that info.

My Question:
What are my options to go through if he doesn't have his car insured, and what if he does have it insured? Also, its already concluded that its his fault that he ran the stop sign. I remember the officer talking about small claims court, how would I go about doing that? I still have to wait for the police report to be finished up, till then what are my options?

Thanks
 
Last edited:


racer72

Senior Member
What are my options to go through if he doesn't have his car insured, and what if he does have it insured?
In either case, sue the guy as stated. If he is insured, his insurance will pay your damages. If he was not insured, good luck getting anything.

I remember the officer talking about small claims court, how would I go about doing that?
Google "Texas small claims". You will find all the info you need.

I still have to wait for the police report to be finished up, till then what are my options?
Obtain estimates to repair you vehicle and if necesary, pay out of pocket for the repairs.
 

eftx08

Junior Member
Thanks racer for the advice.

One more updated it seems I have.


I just got the policy number from the actual Owner of the car over the phone. He then stated that he too has a witness saying its both of our faults.

Now I know my witness was right behind me from the start to the end. There witness I believe, was driving up when the accident happened. Also over the phone he stated maybe we can "work this out" Now i'm just wondering if i should immedatatly go to the collision repair shop to get an estimate to give to them.
 

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