Insurance company denies liability, now what

[melirod]

What is the name of your state? TX

To make a long story short, my van was hit by a lady who ran the light as I turned with a green protective arrow. She of course denies running the light saying that I was the one who turned left in front of her. I had a three day lapse of insurance coverage at the time so I was not covered. The accident happened almost 4 months ago and her insurance company has still not accepted liability or has cooperated with my lawyers. Because of this I was dropped by my lawyers and I've decided to just try and handle this myself. All I want is my van fixed. When speaking to the adjuster today she said that my witness recorded statement did not match my own (I'm the only one who had a witness, the other driver didn't). The discrepency was the go signal. It was a green turn signal but my witness just said green light when being questioned by the adjustor over the phone. The thing is there is no simple green light at that intersection, it is only a green, red or yellow TURN SIGNAL. The insurance adjuster knows that but because of what he accidentally said she's using that as the reason their denying liablity. It's ridiculous. Should I now take the lady that hit me to small claims court and pray that the judge sees it our way or am I pretty much screwed. Please help.What is the name of your state?

 

[attnysteve]

You can have the city provide you the light sequencing for that intersection to reveal if there is no way to have a solid green ball in your direction. You'll need to have the evidence in a format that is addmissable in court. I'd suggest you talk to a lawyer about how to have such evidence proven up in court.

If you were injured and treated, and if you can bring proof with you as to the lack of a green ball at that intersection, you may be able to retain a personal injury lawyer to finish the case.

Keep in mind, that small claims court has jurisdictional limits to how much they can award, and if your damages are greater than the limit, you are capping your case by filing in JP Court. Additionally, there is an automatic right of appeal to a JP court claim, and even if you are victorious there, the other driver's attorneys (and she will have them through her insurance) would likely seek a re-hearing in a higher court.
*DISCLAIMER*
I am a Texas Lawyer and can only advise you as to Texas Law. You should always contact a local attorney to discuss the particular facts of your specific case.