I am licensed in Nevada, but this answer should apply in Texas as well.
It sounds like you need to seek the help of an experienced personal injury lawyer who is not afraid to take on difficult cases since the other driver and his insurer are contesting liability and will likely contest your damages. This goes to the personal injury damages as well as the damage to your car.
The case will come down to a matter of proof as to how the accident occurred. I would demand that the other driver retain the car in an un-repaired condition so that you, your attorney or an expert can take pictures of the car to help determine how the accident happened. Some questions that would be helpful in determining how the accident happened include:
"How many impacts did you feel?"
"Did you hear an impact before feeling an impact?"
"Did you see a damaged (or undamaged) car leave pull around the other car and drive away? And, if so, what damage did you see?"
These facts will be useful in an attorney's evaluation of the case. These will also help the finder of fact (an insurance company, Judge or Jury) determine liability in the case.
If you have full coverage (including comprehensive and collision coverage) your insurer may help you seek compensation from the other driver should they be required to pay for your damages.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
You need to retain another attorney who will move your case forward. You can find an experienced attorney in your area on avvo.com. Good luck to you.
I take it that your policy did not have coverage for this situation. Check with your insurance agent what it would cost to protect yourself and your passengers in accidents with uninsured motorists.
This communication is not legal advice: no documents or facts were examined. This does not establish an attorney-client relationship between us. The above is a common sense response to the limited question facts you provided.
These situations are usually covered under your uninsured motorist coverage. Did you purchase that coverage?
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You should consider consulting with another attorney in your area to ensure the facts of the accident have been fully investigated. For example, was there any evidence that the driver behind you was struck by another vehicle (damage to the rear of his vehicle) or was this just the story he told his insurance company after the fact. You should also check with your insurance company to determine if you have uninsured motorist coverage or personal injury protection that may cover your damages.
Cheryl A. Wulf
Cheryl Wulf and Associates
11211 Katy Freeway, Suite 310
Houston, Texas 77079
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