Truck Backed into into my car | Fault?

by Leo
(Texas)

Two days ago, I made a stop at a stop light and was the second car in linear the lights. All of a sudden the truck in front of me started backing up into the front of my car.

I honked my horn to get the drivers attention but she ended up hitting the front of my car damaging only the bumper, there was no damage to her truck.

Her truck ended up 10-15 feet away from the line at the intersection.

She claims the I hit her when it was the other way around. My father was my passenger in the car and saw the whole thing. The lady wrote down erroneous insurance information and did not provide me with her drivers license information.

I had called the police but the never showed up due the numerous accidents because of the inclement weather. I went to the police station and the gave a TX DOT cr2 accident report to mail which I did.

The officer recommended me to sue her in small claims court.

What are my chances of winning and getting my car repaired which is all I want?

Answer to Truck backed into my backed into my car:


Hello Leo,

Clearly, if a vehicle backs out and hit you, then you are not at fault. The issue is going to be evidence.

How do you prove it was the way you say it was and not the other way around? You do have a police report, which will help at least show that your story is consistent.

The witnesses statement is not going to be into account by the insurance company as you know this person and they thing he will be biased (his your father in law, after all).

However, the witness statement is still valid in a small claims court. The judge may find it not very credible but that's it. It will be a question of credibility.

That's a hard case and I can't give you your chances of success here.

See our section on small claims here.

Good Luck,
Auto Insurance Claim Advice