Car Accident on an Access Road with Driver Exiting Highway

[esbashar]

My question involves small claims court in the state of: Texas. My son was involved in an accident where he was on the access road and a driver exited the highway and made a right turn into a parking lot immediately from the end of the ramp, crossing the solid white lines directly in front of him. No one was injured but both cars were damaged. My son's is totaled. The other driver gave my son all of his insurance info and said that he was in a big hurry because he was late picking up his child and he left. My son called the police but since there were no injuries,they would not come out. We reported it to the other driver's insurance but they've determined it was a 50/50 fault and won't pay for his car. It's an older car -blue book about $2500- so we did not carry collision on it so we're considering a small claims suit.
My question is what is the likelihood of success on this kind of case? I took about 50 pictures at the scene but since both cars had been moved away from road, there's nothing that shows the actual cars at the scene. I have pictures from every angle, showing the white line at the end of ramp, the parking lot he turned into, some car debris in the driveway of the lot, and long shots that show how far away from the end of the ramp the Yield sign is. Any thoughts?

[cmre3456]

I think we may have someone here from Texas and if so you'll get a better answer. In my state I'd file a claim/complaint with the state insurance commissioner. Our commissioner's office doesn't like insurance companies to try to avoid payment when due, and they have the authority to order payment.

You have a small edge in that you are the private, injured party and your argument is with a big insurance company. I'm not at all anti big insurance company, but there is regulation of them to protect the public.

If you do need to go to small claims, it sounds to me as if the possible reward vs risk and cost is worth it. However here, if I filed my complaint with the ins. commissioner, I'd need to accept that ruling.