If I was rear-ended with no bodily injuries except an ER visit and the insurance company is denying the claim, how can I fight this?

I was rear-ended, leaving a center turn lane. The driver admitted liability on the scene, and has now told his insurance a different story. How can I fight this to have my repairs taken care of?

Asked on March 28, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the at-fault driver (the driver, not the insurer). If you can prove in court by a "preponderance of the evidence" (that it is "more likely than not") that the other driver was at fault--which is likely, if you were rear-ended; the law presumes that unless there is evidence to the contrary, that the rear drier in a collision like this was at fault, since he should have maintained a safe following distance, speed, etc.--you can get a judgment against him for your repair costs, at which point either he or his insurer should pay. You can use your testimony, other witness testimony, a police accident report (though you will have to subpoena the officer to testify in court), etc. to prove your case.


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