by Billy Franklin
(Sulphur Spring, TX)
Who Is At Fault When Someone Is Side-Swiped?
I was side swiped!
While exiting the freeway to the right onto a service road, a car in the left hand lane cut in front of me trying to make the exit.
My car was totaled out and the driver of the other car's insurance company says I failed to maintain speed.
However, the officer on the scene stated that the other driver was at fault, and the driver herself stated she was in the wrong.
I have limited free time, but I need a lawyer and I don't have time to contact anyone due to my busy schedule. I need a police report so I can see what really happened.
I wasn't driving the car but I own the car and I pay the insurance.
So sorry to hear about the accident where you were side swiped and the trouble you are having getting it all sorted out and settled with the insurance company involved.
What insurance company are you dealing with? Some are worse than others about wriggling out of paying their fair claims.
I'm a little confused because you first said that the other driver cut in front of you and then later said that you weren't driving the car. Were you a passenger in the car?
You should be able to request a copy of the police report from the police department. That is usually standard procedure at most police departments.
If the police report clearly states that the other driver was at fault and the written statement of the attending officer and the other driver attest to that fact, you may not need to hire a lawyer.
If you have collision coverage
yourself, you should speak to your own insurance agent and explain the situation. They may be willing to handle the dealings with the other insurance company and free you from that responsibility.
If you only have liability coverage, they may or may not be willing to help. If not, and the police report isn't conclusive enough, you may need to get that lawyer after all.
I know you feel strapped for time, but you may be able to spare a few minutes to call around to the law firms in Sulphur Spring and see if anyone will take your case on a no win, no fee basis.
A Texas car accident lawyer will be able to take a look at the accident report and recorded statements and let you know if they think they can win a case in this side swiped incident.
Let us know how it all turns out!