Legal Question in Personal Injury in Texas

I was in an auto accident on 08/27 in Houston TX. I was the fourth car in a left turn lane with a green left turn arrow. The oncoming traffic (5 lanes) had a red light. Another driver ran the red light and hit me. There were no injuries but I had $1100 damage to my vehicle. She swears her light was green even though there was traffic in all of the other four lanes around her. There was no police report. Her insurance company has denied my claim stating it was a she said, she said. Can I and should I sue her in small claims court?


Asked on 10/12/11, 6:45 pm

1 Answer from Attorneys
Carl Weinkauf Carl Weinkauf & Associates

Unless you've got witnesses to back up your version of the events, you will have a difficult time, as the other driver's insurance company will hire a lawyer for her and you will be representing yourself. This is especially true since you were turning left in front of the oncoming lanes. It's the old "he said/she said" problem. What does your insurance company say? If you had comprehensive and collision coverage, the easiest thing might be to turn it over to your insurance company.

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Answered on 10/13/11, 9:23 am


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