Dept. of Insurance in Austin, how to appeal liability decision? (car rental, attorney)

[FromCalitoSteinerRanch]

Hi all. Well we received sad news, which was my wife was found 100% at fault in the collision where her vehicle was rear ended. Unfortunately, the person who rear ended her car had a witness that supported his story.

We sent in photos of our vehicle showing that no attempt to even brake by the driver was made which supports our statement my wife was sitting at a signal after stopping for a yellow light.

The driver then came up with another witness, that he knows, that then supported the first witness, and the driver's statement. Our liability adjuster is the one who told us that the driver knows this "new", unannounced witness.

Basically we are getting rail roaded here, but I want to casuse as much legal churn as possible for our insurance company since we will now be out of pocket about $700 (ded. and car rental).

None of what they are doing would hold up in a court, but since it is "dual insured" they are keeping it in house.

Anyone successfully contacted the Department of Insurance? If so, how did it go? Thanks.

[texdav]

Did a officer come to the scene. If so what were the contributing factors listed by the officer. If not then it is your insurance that is making this decision because they don't want to go to court because of cost. I believe you have to file a blue form if a officer did not come out and make a report. You can make that out to reflect your version Other than that if your insurance does not repreent you then your screwed as far as who pays.I would appeal to the company itself not to the adjutor or agent.

[FromCalitoSteinerRanch]

Originally Posted by texdav

Did a officer come to the scene. If so what were the contributing factors listed by the officer. If not then it is your insurance that is making this decision because they don't want to go to court because of cost. I believe you have to file a blue form if a officer did not come out and make a report. You can make that out to reflect your version Other than that if your insurance does not repreent you then your screwed as far as who pays.I would appeal to the company itself not to the adjutor or agent.

We did do the Blue Form, and put our version in place as the description. No citations issues, no report taken! What is funny is the driver told my wife more than once one of his best friends is high up in the insurance company in question. I am almost starting to believe that now.

Plus the driver works for a local county court system, however I don't know in what capacity. I won't mess with him, I don't know what I would be getting into, but we really don't want to pay anything for this so will pursue what we can with the insurance company.

I still think we might need external leverage, so hope to find out process with Dept. of Ins.

[austin-steve]

Sounds like something for small claims court. You might want to consult an attorney.

Normally a rear end collission is the fault of the car that hit the other from behind. There are a few exceptions, but it's generally presumed that drivers should always be ready and able to stop if needed without running into others.

I'm not an attorney, and this isn't legal advice, but if I thought the facts would support me, I'd skip all the talk with insurance companies, dept of insurance, etc. and just send a 10 day demand letter to the other driver demanding a specific sum.

After non-payment, I'd file in JP Court and let the Judge decide. The inusrance company of the other driver will defend them, but may find that it costs more than settling.

JP Court is simple an easy and you don't need an attorney. You do need proof and facts though. You have to make it easy for the Judge to side with you based on evidence. Story and opinion are not enough.

Steve

[S6Sputnik]

Always Get Witnesses Names And Phone Numbers!!

[malarkey]

wow, Cali, that stinks. sounds like this guy pulled his good ole boy network strings to wiggle his way out of any responsibility.

I don't understand how it could be 100% your wife's fault. Surely a court would find otherwise. If it's not 100% the hitters fault, it damn well should be at least 50% his fault.