Rear Ended in TX, Need Advice Pls.

[mark1210]

What is the name of your state? Texas

My brand new car (still has temp tags on it) was rear-ended at an intersection. I did not call the police to investigate since it was minor damage and I don't believe police will come to the scene unless it is injury related (I could be wrong). We exchanged information and I called to file a claim on his insurance this morning. First problem is, they can't locate him in their systems but will be trying to look him up manually from his license plate number. Secondly, they indicate that since I was in motion (light switched from red to green and then was rear-ended) that they can "invoke to doctrine of comparitive responisbility). I have no idea what that means..do you? Any ideas how this will pan out? My insurance company says it would be in my best interests not to file on my insurance but to personally sue the other drive in small claims.

Thanks!

 

[ecmst12]

Unless you were moving BACKWARDS, I don't see how your car being in motion would make him any less at fault for hitting you. If anything, it would make him MORE at fault, he wouldn't even have the (completely worthless) excuse of "he stopped suddenly".

Of course, if the other driver isn't even insured with them, it doesn't matter, you're back to filing with your insurance or suing him in small claims court.

 

[mark1210]

Thanks for the reply.

LOL, no I wasn't moving backwards. Thats what I couldn't figure out is why does me being in motion have to do with him rear ending me and why does that cause "comparitive negligence" Anyone know what the law is in TX concerning being rear-ended? I know Texas is a no-fault state but I'm not quite sure how that impacts me.

 

[moburkes]

There is no law about being rear ended. Your agent doesn't want you to file the claim because it affects his bottom line at the end of the year. However, if this is a brand new policy, you might receive a cancellation notice soon. You must have collision coverage or uninsured motorist property damage in order to file this claim with them. Since the accident wasn't your fault, it shouldn't affect your premiums, regardless of the payout. You do have the option of suing the driver in court, but collections is usually preblematic, especially if they are stupid enough to drive without insurance.

Many states have a specific $ amount that, if an accident causes damages which exceed that dollar amount, or, if the accident causes bodily injury of any dollar amount, you are required to file an accident report. I was not able to locate any information that your state requires such a report.

 

[mark1210]

Thanks for the reply...lastly..

Will this claim on his insurance affect my clean driving record? Will I now have a mark against me (accident occuring 3/28/2007) on my record and lose my perfect driving record discounts?

 

[moburkes]

Thanks for the reply...lastly..

Will this claim on his insurance affect my clean driving record? Will I now have a mark against me (accident occuring 3/28/2007) on my record and lose my perfect driving record discounts?

Well, that's a difficult to answer. With some companies, any claim, even for vandalism, for example, removes some discounts, so you'll need to ask your agent.

However, a claim is a claim is a claim. While you haven't caused any accidents, you were still involved in some. There are a few companies that I know of, that will not insure you with claims, regardless of the reason.

 

[mark1210]

Sorry for all the questions...I have an update:

The insured's insurance company called me back after speaking to their insured and he now denies rear-ending me. He claims he was no part of it. My response was, then how I do I have his insurance information? The adjuster said that it was irrelavant. He also stated that without a police report or witnesses that this claim is going to be denied and I should contact my insurance about subrogation (sp). What are my options here? I also told him to go measure their insured's license plate frame and measure the damage to my car, it will match perfectly where the bolts went into my bumper. He wouldn't do it.

 

[moburkes]

That means that you should report it to your insurance company if you have collision coverage. They will investigate. If they are, afterwards, able to get reimbursed from the at fault party's insurance company, then you will receive a check for your deductible.

 

[mark1210]

You're fast! I called my insurance company and I have a claim from him now. He is claiming damage to his front bumper. If he wasn't involved in this accident and denies rear-ending me how can he file a claim on mine. Isn't that an admission of guilt? My insurance said I can open a claim, but I have a $500 deductible, and the repair is $400.00 so its not really advantageous for me. Looks like I'll be eating this repair...figures.

 

[moburkes]

Well, no, hope is not lost. Ask your adjuster what he can provide (recorded conversation, maybe) to show that the person who claimed to his insurance company that he wasn't even in an accident, is now filing a claim with your insurance company.

 

[ecmst12]

And small claims court is always an option.

 

[mark1210]

ECMST12,

True, but how can I prove he hit my rear-end? He is denying it to his insurance, will probably deny it in court also. Without a witness, police report, I think I may be SOL.

 

[moburkes]

ECMST12,

True, but how can I prove he hit my rear-end? He is denying it to his insurance, will probably deny it in court also. Without a witness, police report, I think I may be SOL.

Are you ignoring my post completely, on purpose?

 

[mark1210]

No sorry, been playing phone tag and all this other jazz. So the plot thickens:

My insurance company will not release the audio of the conversation. They have denied his claim.

Secondly, and I just found this out...he doesn't even have insurance. His policy lapsed. His insurance company is one of those cash only fly-by-night places. His insurance faxed me a denial of claim that states his policy has lapsed and as such he does not have insurance.

I do not wish to file this on my own insurance is the damages are ~$400.00 and my deductible is $500.00. Although he has denied fault, can this fax I received from his insurance company help me in a small claims case? I see no reason why I should be out $400.00 to fix something I didn't cause. What are the penalities for driving uninsured in Texas?

Thanks Again!

 

[moburkes]

Mark, I'm going to let you do some research yourself. The penalties can be listed on the Department of Insurance's website for your state. What about his insurance company makes them fly-by-night? You cannot even use your insurance company if the damage is less than your deductible. They are under no obligation to assist you. The fact that he is not insured has no bearing on who is at fault. All you can do at this point is sue, present your case, and hope for the best.