Minor Car Accident - TX

[bruceaalee]

Back in October of last year while driving to visit a customer a few miles from work I was involved in a minor accident. I was in the far right lane preparing to take a right hand turn when a man at a complete stop in the adjacent lane decided to switch lanes and did not see me passing him. The front-right corner of his car hit my driver side door, rear wheel and bumber cover causing approximately $1200 damage. I was with a friend/collegue in the car and we proceeded to get out an exchange information but no one stoped as a witness. The only witness was my brother who was behind me when it happened. I thought it was such a clear cut case and the man seemed very professional and accepted responsibility and as it was not alot of damage I did not call the police for a report. The following day I filled a report with Allstate, (turns out we both had the same insurance company) took my car to get inspected and started waiting for my claim check. About 10 days later I call to see what the hold up is and Allstate said that they denied my claim because the man told them that I had hit him.

I wrote a letter of complaint to Allstate, the State of Texas Insurance Board, have his information, have a occupant in the vehicle, and a driver behind me. Do I have enought to file a small claims court case against the other driver for the damages to my car?

 

[JETX]

I was in the far right lane preparing to take a right hand turn when a man at a complete stop in the adjacent lane decided to switch lanes and did not see me passing him. The front-right corner of his car hit my driver side door, rear wheel and bumber cover causing approximately $1200 damage.

HUH??? If you were in the "far right lane"... how could you be passing him???? And from your post, he was on your RIGHT side... and in you making a right turn... it would appear that you turned into him.... just as he claimed.

Do I have enought to file a small claims court case against the other driver for the damages to my car?

You don't need anything to file a lawsuit.. but you do need enough 'PROOF' to convince the court that your version is more likely than the other driver's.
From your post... that seems unlikely.