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If no ticket was issued does the insurance company still pay in the state of Texas?
so a couple days ago i “bumped” a 99 ford ranger with my 86 bmw at a stop light. i barely hit him, and the guy never stopped, he just kept going. when i get home 4 cops are at my house saying i fled the scene of an accident. when i explained it to the officer, he said he wrote it up as an accident and did not give me a ticket. the owner of the truck calls me saying i bent his trailer hitch on his ford ranger (aka indestructible) and saying i need to pay him 350 bucks to replace it. i heard that if no ticket was administered then the insurance company will not pay in the state of texas because we are a no fault state. i hope i made this clear.
first off, Texas is not a no fault state
amazing how many people dont know what a no fault state is or if they live in one
New York is the only no fault state, and what it means is that regardless who is truly at fault in the accident, if someone is injured, you cannot sue or go after the other persons insurance policy
you insure yourself and people in your car for injury claims
this is to prevent or try to reduce the number of fraudulent claims
If i remember correctly, Texas uses a Comparative negligence law
which means you collect the inverse amount the percentage you were at fault
so if the insurance adjusters from each company agree you were 70% at fault, you collect 30% of your damages
now just because there is no ticket doesnt mean someone or both arent at fault
someone is at fault for the loss always
unless you want to handle on your own, i would report to your insurance company and demand he do the same, let the insurance companies investigate and figure out who is at fault…could be better could be worse, but you never know it is possible both people may be found to be at fault and your insurance carrier will only pay a portion of his damages
