Need Legal advise after obtaining video of accident

Insurance company made their decision after listening to the other parties witness recorded statement. The other party backed into the side of my vehicle after I had already backed of my parking spot. The witness said that both parties had stopped and that I drove into the other persons vehicle.

After talking with the adjuster and his supervisor several times asking them how I’m at fault when the damage to my vehicle is on the side of vehicle.
Insurance company will not budge or change their decision.

I have obtained video of the accident, it clearly shows that the other party is at fault.

Should I seek legal help advice before showing my insurance company the video?
My insurance company is suppose to represent and support me in this type of situation.
Please advise.
Thank you for your time.

Asked on May 18, 2017 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you believe that your insurer is violating its obligation to pay you under the terms of the policy (e.g. if you have collision insurance, and it is not paying you the full amount of the claim), you can sue your insurer for breach of contract for the money they owe you.
If you don't have your own insurance covering this (e.g. collision) but believe you are entitled to more money than the other driver's insurance is offering you for his careless driving, all you can do is sue the other driver (you sue the driver, not the insurer) in court; if you can prove that he was entirely at fault, you can get a judgment requiring him to pay more money (at which point his insurer should pay for him).

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