I was involved in a wreck where as I attempted to enter a tollway a car was parked with no light nor emergency lights. However, the driver of the other car reports to have been driving slowly on the tollway entrance at 3 in the morning. My car was totaled and they only span and had a few dents from the walls separating the tollway from the rest of the road.
Moving this to the Car Accidents section.
The above answer does not constitute legal advice. You pay for legal advice; this is free.
You failed to maintain an assured clear distance and are liable for damages sustained.
Assessing liability in general would take much more information than is posted on this question (there are so many factors involved such as speed, points of impact, whether there were any independent witnesses, what ALL parties are testifying to, etc.).
If the other insurance company is not accepting liability, you should use your own collision coverage and let your own insurance carrier fight it out with the other person’s carrier. Even if the police came to the scene, investigated and cited either driver, a citation is not actually proof of liability ultimately, anyway, as that would be assessed in a civil trial, not a traffic court trial (you or the other driver could be found guilty of the traffic violation and then be assessed with no liability in a civil trial).
You also have to remember that Texas is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person.
However, having said all that, if you were injured in the accident, I would contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
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