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Update...
Thanks to everyone for the kind words and information.
I do not have uninsured motorist coverage. I have the minimum required by law in Texas; what is commonly refered to as 'liability'.
I picked up a copy of the police report. The cop at the scene who told me it was her fault, wrote the report in a way where it looks like it was both our faults. He also said I 'fled the scene, but returned when I called him back' which I have a HUGE problem with because as soon as the accident occured, I caleld my brother in law who is a cop in houston and he told me the only legal requirement in Texas is to stop and exchange all information, which I did. I left after because I had to get to the bank, which was closing in 15 minutes. The report also says that I failed to stop in time.
I called and spoke with the officer's supervisor. He was shocked at how the report was written and didnt seem pleased. He told me he couldnt make the reporting officer change his report, because its the reporting officers 'opinion' of what happened, but the reporting officer could change/ammend the report after speaking to me if he chose too. If he dosent want to change the report, I have valid questions to ask if I do have to sue. THe supervisor even volunteer to be called as a witness to say he woudlnt have written the report that way. He understood that 1) I didnt flee the scene, because I met the legal requirement of exchanging information and how did he have my phone number to call me if I didnt leave information. THe supervisor said 'flee' was a bad choice of words on the reporting officers part. He also understodd that it shouldnt have been a mutual fault accident, because we both had the green light (we were going the same direction) and she hit me, not the other way around. And I didnt hit her from behind, we collided sides. The reporting officer is supposed to call me to discuss re-writing the report in the next few days.
THe supervisor told me how to file a complaint and get a ticket written on her for the illegal lane change. I can also go to the traffic investigation division and since the damage estimates are over $1,000 and I have the letter from her insurance company denying the claim, they can automatically suspend her drivers licence until she pays me for the damage.
A ssoon as I speak to the reporting officer and see what he has to say, then I'll be sending a letter to her and cc'ing her dad (because he contacted me initally) and explain to them what I am planning on doing if they dont pay me. 1) File for a ticket on her, suspend her drivers license and 2) Sue in court. What now costs $2,000 in mechanical and body damages will cost $4,000 in court due to the atty costs, court costs and my time. Hopefully that will ba a motivator to settle.
I do have some really good options in Texas for rcovering money if a judgement is decided against her, including a lein on her property, seizure of assets and auctioning them and finally, wage garnishment. (shes a public school teacher and has a good job, so I coudl ultimately go that route.)
It jus tsucks that this is gonna take 4-5 months AT least. I guess as I can afford it, I'll have to repair the damage myself, like I am now with the mechanical. Ugh. Such a pain in my ass.
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