Jesse H
0
Well that in my opinion is very stupid on the fault of the state
It's just the way the Transportation Code is written. Can't assign a vehicle as involved in a crash if no contact was made. Law enforcement investigates then insurance will look at the report as an opinion and insurance will sometimes deviate from it. Depending on the officer/agency that investigates the OP's crash, a report may not even have been given since there wasn't a crash between vehicles or vehicles and an object.
Had a co-worker who got hit by a woman who ran a stop sign. His part of the intersection didn't have a stop sign, thus complete fault of the woman who ran the stop sign. Police report wrote it up that way as well. Co-worker still had to fight with the insurance because the at-fault party's insurance still wanted to assign a % of fault to my co-worker because they felt he could've stopped in time or avoided the crash. Everything after the police report is a civil issue, thus insurance companies can get creative sometimes.
We get calls from people who swerve to avoid another car and drive onto curbs getting flats and bend their wheels and request reports wanting to list the other car as hit and run. Unfortunately, it's not a crash per Texas Transportation Code.
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