Legal Question in Personal Injury in Texas

Recently my truck was hit by another vehicle that failed to turn at a light. (I was in a turn or go straight lane, she was in a turn only) the light had just turned green so we were not going fast when she hit down the side of the bed of my truck. we pulled into a near by gas station where we talked. the damage did not look bad to me at all, a lil of her paint, so i opted to not call the police. i then found out that she recently cancelled her insurance. AHH! she said she could/would pay me in cash and since it wasnt bad i agreed. wreck happened Saturday afternoon. sunday the shops were closed, so i took in my truck monday. the cheapest i got was over $1200, a lot more than i thought. when i called and told her the price monday she called back asking why it was so much, ect ect. since that she has not retuned my numerous phone calls to her.

its been about a week, (courts closed due to holiday) and i am going to try and file a small claims case this week against her. but since there was no police report what chance do i have of winning the case? or should i even attempt doing this? i did have a witness that was there in my truck with me and she was by herself.

1st accident, dont know what to do, but i have leaned my lesson........ dont be nice, call the cops!

Asked on 9/07/10, 7:51 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If your witness can identify the vehicle that caused the accident, you have a good chance of winning a case in small claims court. Did you have uninsured motorist coverage?

You also need to look at your own insurance. If you had collision or uninsured motorist coverage you may be able to file a claim under your own policy.

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Answered on 9/13/10, 5:51 am

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