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Minor car accident

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dboy

Junior Member
What is the name of your state? Texas

I was in a minor accident a few weeks ago. No damage or injuries to myself or my car. The other person's bumper was dented and turn signal cracked. While I did run into her from behind, she turned into my lane at an intersection and I could not avoid her. I called 911 to report the accident and they said if no one was injured and no cars needed to be towed, they didn't have to come out and for us to exchange information. We did and left.

The next morning I called my insurance company to report the accident. The person I hit called me after the insurance company called her and said she wanted to keep it between us and not involve insurance. I told her I was more comfortable going through insurance and we left it at that. I gave my statement to the adjustor and, later, was told the person I hit was giving a completely different story. There were no witnesses and she was even disputing the location of the accident.

So yesterday I talked to the adjustor and they said it looks like she was in the wrong and they were going to deny her claim on my insurance. They said the damage was minimal, maybe $500-1000. After that, she has two options: she can file under her collision insurance or file suit. My question is if she decides to file suit, is it against me or the insurance company? The adjustor said the insurance company would supply legal representation and pay for it. I'm just worried she'll come after my personal assests instead of the insurance company. Thanks for the help!
 


ecmst12

Senior Member
If she sues, she will sue you not your insurance company, but your insurance will (like they said) provide for your defense, and if she wins, they will pay the amount she's awarded (as long as it's within your limits of coverage, which I'm sure it is). No worries :)
 

efflandt

Senior Member
Without all the facts it is hard to tell, but from your description, it sound like she "failed to yield" (pulled in front of you unexpectedly and unsafely).

I had someone almost do that to me when they were in the right lane of a one-way street, suddenly spotted a mailbox and pulled right in front of me in the left lane, slamming on the brakes to make a left turn. I may have screeched my tires threashold braking and honked the horn to let him know I was there, and he shouted that if I hit him it would have been my fault. I said "no it wouldn't" (but proving that might be difficult without witnesses). Don't try this at home, I am an experienced autocrosser that knows the difference between braking at the limit in complete control, or overbraking out of control.
 

KJ555

Junior Member
Texas Partner using truck had his own insurance 4 deaths

My partner was using my truck but he insured it in his name had a wreck and killed 4 people by accident. he had only libilitiy how am I lible
 

ceara19

Senior Member
dboy said:
What is the name of your state? Texas

I was in a minor accident a few weeks ago. No damage or injuries to myself or my car. The other person's bumper was dented and turn signal cracked. While I did run into her from behind, she turned into my lane at an intersection and I could not avoid her. I called 911 to report the accident and they said if no one was injured and no cars needed to be towed, they didn't have to come out and for us to exchange information. We did and left.

The next morning I called my insurance company to report the accident. The person I hit called me after the insurance company called her and said she wanted to keep it between us and not involve insurance. I told her I was more comfortable going through insurance and we left it at that. I gave my statement to the adjustor and, later, was told the person I hit was giving a completely different story. There were no witnesses and she was even disputing the location of the accident.

So yesterday I talked to the adjustor and they said it looks like she was in the wrong and they were going to deny her claim on my insurance. They said the damage was minimal, maybe $500-1000. After that, she has two options: she can file under her collision insurance or file suit. My question is if she decides to file suit, is it against me or the insurance company? The adjustor said the insurance company would supply legal representation and pay for it. I'm just worried she'll come after my personal assests instead of the insurance company. Thanks for the help!
If she accepts the check from your insurance company, that's it. She can't turn around and try to sue you for more. Many insurance adjusters now use computer programs to recreate the accident using the known information. That evidence would be very hard to refute without the other driver hiring an "expert witness" of her own. Since there were no injuries, I doubt that a lawsuit for the property damage would be worth the expense.
 

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