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Car accident and I don't believe that I am at fault!
Dallas, TX
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Posted 4 months ago in Car / Auto Accident
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I was in a car accident that was a VERY mild fender bender. There were no police called and no pics taken. The other driver told me that in order to save me $, she would get a few quotes and allow me to decide if I wanted to file it on my insurance. We exchanged insurance info. She later called me with a quote for $2K plus 5 days rental for a rub mark on her '05 Mustang. But by this time I was not so sure that the accident was in fact my fault. I refuse to take any of her high pressure calls. After speaking with the claims adjuster, my insurance stated that they did not believe I was at fault and denied her claim. She is now threatening to take me to small claims court. There were no witness and no police report. She has now left a harrassing messages on my VM to either pay or get sue
Additional information
Since there is no police report and no witnesses, how do I prepare for court. The vehicle damage does not distinctively show which of us was at fault. my car was hit on the passenger side where the door hinges with the front panel and her car was hit in the same place on the drivers side. I believe that she turned left into me as I pulled forward and she believes that I kept straight and ran into her. Answers (2)
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Texas state law. However, since you are insured, you should not worry about what she might do.
If and when you were served with suit papers, you should contact your insurance carrier immediately by phone and advise them, keeping a record of who you spoke to and when. Additionally, when you receive suit papers, you should forward them to your insurance carrier with a cover letter via certified, return receipted mail. Your insurance carrier will hire an attorney to defend you and that attorney will help prepare you for any testimony you may need to provide at court. 
Jennifer Nolte Williams
This attorney is licensed in Texas.
Posted 4 months ago.
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Advise your insurance company of other driver's calls and threats. As the previous poster stated, advise your insurance company immediately if you are served with a lawsuit. Your insurance carrier will hire an attorney to defend you.
____________ This response is for informational purposes only and is not, nor is it intended to be legal advice. No attorney-client relationship is created by this answer. An attorney-client relationship may only be created by written agreement of the parties. This information is not a substitute for seeking legal counsel from an attorney with whom you have an atttorney client relationship along with all the privileges that relationship provides. |
