other driver filing in small claims court

[cmn0548]

What is the name of your state? tx

So was in a small fender bender, both sides insurance companies are at a no fault, hence both of our cars are not covered.

He is now claiming I did say it was my fault. All i said was 'I'm sorry' which is i guess he thinks i admitted guilt. He has no witnesses at the time of accident, but he said he has witnesses that heard me admit guilt. no police report, and the accident was on private property at 5-10mph.

Does he have to file it in his county of residence, where the accident occured or in the county where I (defendant) lives?

Thanks.

 

[Zigner]

He must still prove your guilt. If you said you are guilty at the scene because you didn't understand something about the law or the situation, then that doesn't automatically make you guilty.

 

[cmn0548]

how can he go about doing so? no photographs, no police report, just his word against mine. he is also going against my insurance companies decision, they denied the claim. He has liability coverage and thus his car is not covered through his insurance. I already fixed the damages to my car out of pocket.

there was no injury, it occured on private property at 5-.

the question still stands, where does he have to file it?

 

[racer72]

Turn the summons over to your insurance company. They are obligated to provide an attorney to you. The attorney will answer your questions.

 

[justalayman]

what the insurance companies decide has no bearing on what a court will ultimately find. The do make an effort to place fault where it deserves to be but their determination is in no way legally binding to the actual fault.

They are a money driven machine and often settle to minimize their exposure, and hopefully their clients as well.