Legal Question in Personal Injury in Texas

I was involved in an accident in a private property parking lot. Another driver, who was a minor, rounded the inside of a tight curved road at a speed too fast, even though there was a speed bump. As a result, she veered from her side of the road to my side, and hit my front left tire. I saw her coming from a distance, maneuvered my car to the far right, and came to a standstill. Because she was going too fast, she still could not avoid hitting my vehicle. The damages were $1300 for mechanical work on the steering (replacing rack and pinion, wheel, and tire alignments), and also $1200 for the auto body. No injuries, no report filed. After the accident she was distraught and didn't know what to do, asked "would you say it was my fault", where I told her yes, she was driving too fast. We agreed to handle through insurance. Later on, I tried to file a claim with her insurance company, in which they denied it. It was because she lied and claimed it was no ones fault, and adamantly said it was not her fault, that we were driving in our own lanes and somehow we just hit because it was a tight turn. Insurance says not sufficient evidence and our statements don't align. I am rather upset about this because of the amount of damage she has done to my car, and the fact that she was lying to the insurance about who is at fault, which is likely being encouraged by her parents who are helping her.

As of now, I have pictures of the damage to my car, a statement from the mechanic indicating nature of accident and detailing damages, and also diagrams indicating what happened and explaining why this version of events is most probable. (She was rounding an inside curve, I wasn't, I experienced a side impact to my tire, she has her front bumper corner damaged, and there is no space for an impact to my tire on a road that narrow, unless I was already all the way to the right side of the road)

I would like to take her to small claims court since I have no injuries. Is this possible with a minor? Secondly, is it worth trying small claims court at all given the information I have? What chances do I have, and how do judges make a ruling in small claims? I am a student with very little money and I just want justice for a problem which I had no fault in. Any advice at all would be greatly appreciated. Thank you


Asked on 9/21/11, 3:20 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes you can take the case to small claims court. Under the law auto damages are the lower of the cost of repair or the change in value of the car before and after the accident. In such a case the issue is who was negligent. You can also get loss of use damages which is the rental value of your vehicle until it was repaired or replaced. If you repaired the vehicle, you may be able to get cost of repairs and the change in value. Other damages are medical expenses and lost wages. Get paperwork to document the damages.

I suggest you see an auto accident attorney, tell them the facts and see if they will take the case on a contingency basis. If they won't take the case, ask them the reason. This might give you some insight into whether to take the case to court. You have 2 years from the date of the accident to file suit. If you miss the 2 years statute of limitation, you can't file suit.

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Answered on 9/25/11, 7:44 am


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