Insurance Company Says I'm At Fault, Though I Wasn't Cited

[williams01]

TEXAS
On my way home from work on a typical Friday night on a main highway I was driving the speed limit in the area which was 55mph. On my way home there is a little convience store on the left hand side by the police station. As I was passing the police station I saw a driver siting in the parking lot waiting as I got closer he was still siting as soon as I got close he decides to dash onto to road I guess to beat me down the road. At this time I immediately started breaking to try to avoid hitting the car but it was too late if I would have turned anymore Iwould have flipped my car so I ended up rear ending the other car and totaled my car. The driver was drunk and to my knowledge he was drinking at the time of impact. I was injured because of the accident and went to the hospital by ambulance and my car was towed by a towing service. A couple of days later I recieved a police report that said I failed to control speed, but I was not given a citation for this accident. He was charged with a DWI and was tested with alcohol level of .126 in his system. When I filed a claim with his insurance company they denied my claim because of the police report which put me at fault though it seems to them. So now I have to get a lawyer, because I dont know what he told his insurance company. In my opinion the report should have said failer to yield right a way. What should I do?

[lwpat]

The police report does not determine fault, that is up to the court. You need to file a claim with your insurance carrier.