Need Legal advise after obtaining video of accident

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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

Answers:

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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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