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Can I press charges on someone who hit me in a car accident?

Dallas, TX |

I was dealing with an aggressive driver last week. He had cut me off several times and even swerved at me. He finally hit me when he attempted to cut me off again. He received a citation for changing lanes when not safe, but I was wondering if there was more that could be done. Because he is now telling his insurance agency that he was not at fault after telling both the state trooper and myself that it was his fault. (Hello, he got a ticket for it) I wasn't injured but my car is messed up and I know I'll need a new bumper and paint.

Attorney Answers 7


  1. Not sure what you mean by press charges. The police officer was told about his conduct and gave him a ticket. Make the claim for property damage to your insurance company and they will deal with the other drivers insurer to get reimbursed for what they pay plus your deductible.


  2. Pressing criminal charges does you no good. It might get him in more trouble, but he already has a ticket, so I doubt the police are going to do much on a property damage case. If you had been seriously injured, they might do more. It is easiest to just get your car fixed through your own insurance and let them go after the other insurance. If you don't have collision coverage, then you will have to negotiate with the other insurer or file in JP court. A lawyer will be too expensive for a properly damage claim.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  3. The "charges" would be the traffic ticket he received. I am sure you told the police officer the facts at the time. The crash report should provide his insurance company with enough information to pay for repair of your vehicle and a rental car while your car is repaired.

    Insurance companies in Texas are notorious for dragging their feet in claims handling mainly due to the "pro-insurance" position taken by Texas politicians in the last 10 to 12 years.

    If the other drivers insurer delays the claim, consider letting your insurance company handle the claim and they can seek reimbursement from his insurer. If you go that route, ask your insurance company to "sue for or otherwise collect" your deductible.

    Best of luck!

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.


  4. You can inform the police that you would like to press charges, but only the police and the district attorney can make that decision. However, you should contact a personal injury lawyer who can bring your case in a civil court to recover your losses.

    None of the opinions above should be considered legal advice, until I have had the opportunity to review the actual facts of the case.


  5. I would call the prosecutor in the city and/or county where this accident happened and ask if you can file charges against this guy. If you have any other witnesses as to his actions, I would give the prosecutor their names as well.

    All information provided is for informational and educational purposes only and is not intended as legal advice. No attorney client relationship has been formed nor should one be inferred. Our office only represents plaintiffs in personal injury matters such as wrongful death, liquor liability accidents, dram shop cases, traumatic brain injuries, spinal cord injuries and other catastrophic injuries.


  6. He got the ticket. Let your insurance company resolve it, and move on with your life.


  7. The other lawyers who have answered are correct to advise you to make a claim on your collision coverage, if you have it. If not you may have to make a property damage claim with the other driver's insurance company who is under no obligation to treat you fairly. If they will not settle your property claim you would have to sue the other driver in small claims court. I would caution you not to make allegations that the other driver engaged in some type of intentional conduct, like a motor vehicle assault. The other driver's insurance company might use that as a basis to deny coverage for the other driver, which would prevent you from recovering compensation.

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