Expert: Richard Hixenbaugh - 11/29/2011

Question
I would like to know what I can do in this situation. I was going through an intersection with a green light when a woman shot in front of me and I collided with her car. My car was completely totaled. There was a witness on sight that confirmed to the police that I had the Green light. The woman who ran the red light was unsure what color her light was. But when she told her insurance company what happened she told them that she had a green light. The witness has been unreachable since the accident. The police cited the woman and when the police report came out it clearly stated that she had run the red light and it also gave the witness' name and phone number. Unfortunately I have the most basic form of liability so my insurance company can only advise me in this situation. They told me that my other options were to file a complaint on Texas Department of Insurance, and I could file a small claims suit at the county court house. Would you advise the same thing or is there another option?
I also have the officer's number who interviewed the witness and the woman, would his statement help if I went to court or if he were to give his statement to the insurance company?
Also if it went to court could the court issue a summons forcing the witness to be there?

Answer
Hi Kory,

Yes. The advise your insurance company is correct. However, before you file a law suit you should prepare a demand letter. In your letter you should state the facts of the accident, the date and time of the accident, exactly what happened. Include the witnessess name and contact info and attach a copy of the police report. In your letter you should demand that since the facts of the collision are clear and their insured is clearly at fault, they should accept liability on behalf of their insured and request a written response within 15 days. You should send the letter by certified mail/return receipt requested. Then if they do not respond or they respond with a denial of your claim you should go ahead and file suit. You should seek the advice of an attorney before you file suit to be sure you file in the correct court and issue a subpoena to all of the correct people, including the police officer and the witness.

I hope this helps
Richard Hixenbaugh