Hi Kaye ~
Please remember that Google Answers Researchers do not give legal
advice, and the information we provide is general information that is
available to the public.
While this isn't the answer you were looking for, it seems you are
between a rock and a hard place. The negatives are:
1. The incident happened on private property, so there is no traffic
law broken which would get the other person a citation to help your
cause.
2. You are not insured for this type of damage, so your insurance
company isn't inclined to help you get repairs to your car.
On the positive side (if, indeed, we can call it 'positive') -
1. You have eye witnesses to the accident; and
2. You have witnesses to his statement that he caused the property
damage.
As for finding out his insurance company, about the only recourse you
have is to ask him. Since there is no citation issued, there is no
reason for him to give that information, and Texas Statutes would
preclude any casualty insurance company from disclosing information
about their policyholders without permission from their insured.
Texas Statutes >> Insurance >> Privacy
- http://www.capitol.state.tx.us/statutes/in/in0028A00toc.html
You are not without recourse, though, to pursue the matter of your
property damage in Small Claims Court. Small Claims court is a court
of inferior jurisdiction in which claims in an amount under $5000 may
be pursued. The Peoples' Lawyer site offers some helpful information
on handling a matter in small claims court in Texas.
- http://www.peopleslawyer.net/smallclaims/texasstatute.html
Before you do that, though - and please remember this is not legal
advice, but personal advice to help with your claim in Small Claims
Court, should you have to go that route - you might want to write him
a letter, certified mail, return receipt requested, explaining the
amount of your damages and asking for his insurance information to
settle the matter. Asking that he respond within a specified period of
time (ie., ten days or so, which is reasonable) will give you some
idea of whether or not he intends to do the right thing. Be sure to
give him information on how to contact you.
In case he ignores your letter, you have this as further proof that
you tried to settle it in a reasonable way and he did not respond.
Who knows, he may respond to you giving you his insurance information
and you can file a claim against his policy. If he does not respond,
you have at least tried to settle it amicably.
If he does not respond, you will have to sue him in Small Claims Court
- which involves a filing fee plus a fee for having him served a
Summons and a copy of your Complaint. If he ignores that, you can win
by default, or he can fight it, in which case, you have your
witnesses.
I would recommend you also get a written estimate for repairs (to
verify the damages). In light of the fact you have eye witnesses and
others who heard him admit to causing the damage, you should have no
problem prevailing.
If this is overwhelming, you can always get legal advice. You may want
to try the Bar Association's Legal Aid, who can set up an appointment
with an attorney who has a minimum charge for that consultation and
who may be willing to direct you through the processes in Small Claims
Court.
A search of Google using the search term "Texas Legal Aid" will give
you a listing of the many Legal Aid offices in Texas, and you can find
the correct office to contact for your jurisdiction.
In any case, contacting him by mail as I suggested above can't hurt,
and will show that you have made a good faith effort to settle the
matter before you do anything further.
Search terms used -
- Texas insurance law
- Texas small claims court
- Texas Legal Aid
Good luck ... I hope he does the right thing,
Serenata |