My question involves an injury that occurred in the state of: Texas.
I'm posting Anonymously and will do my best to write this honestly so I can receive the best advice. I'm worried my Daughter may lose her scholarship, and we are doing everything we can to fight. The other Driver is wanting to put my young Daughter in Jail.
Daughter: 2017 Ford Edge SUV
Other driver: Ford Escort 1994
Summary:
My Husband and I bought my nine-teen year old Daughter a 2017 Ford Edge SUV as a present for University.
What happened
She was going down a three lane road, left lane when she moved onto the median in an attempt to pass the driver ahead of her. She was running out of room on the median, and she tried reentering the lane. The other Driver would not move from his lane, and she was forced to collide with the vehicle to avoid running into a street sign on the median.
My Daughter pulled into the next available parkinglot, and called me. She told me everything that happened and I instructed her to lie because it could cost her scolarships, and it would raise my premiums if she's found atfault.
I told her to call the Police, and tell them that she believed the other driver may be intoxicated because he was swerving. I told her to tell the Officer that arrives that she maintained lane, and that the other driver hit her trying to merge.
The other Driver arrived in the parkinglot, and they exchanged insurance. We learned it was a youngman about twenty-four who works at a dirt plant. The left side of his vehicle was in bad shape due to the force my Daughter had to use to get into the lane. It was just him, and he had no witnesses.
The Officer arrived, and spoke to my Daughter. They performed a breathalyzer on the man, but not my daughter, and made him perform a sobriety walk. He told the Officer that due to an childhood injury in his left eye, he would have 'Mydriasis' in the left eye. Unfortunately, he passed and the Officer wouldn't write out a report on the accident. He didn't have any warrants we could get him on.
The Claim
As soon as we arrived home we claimed. We lied, and told the Agent that the collision occurred when he was merging from the left lane, and that he admitted fault at the accident. We lied and said that he said his blindness in his left eye caused the accident.
We took advantage of the fact that no police-report was written for the accident. This meant we could introduce witnesses.
We had two friends who said they would vouch as witnesses, though they weren't there. So we used them and printed them out a story to tell to the insurance-agent when they call.
The Employer
We wanted to cement this thing.
We learned the young man drives for a living, and contacted his employer. The Employer would not help us because the accident did not occur in the company truck, but did tell us this Driver's CDL was contingent on not having an accident because he had a Texas State Vision Waiver as an exception on his DOT Physical, so he would lose his job if he was found atfault because he wouldn't have a license.
They gave us the number to call to report. We called and reported him to the Department of Public Safety. We learned the youngman's CDL license was cancelled and his waiver revoked. He no longer works for the company.
The Aftermath
The other Driver was found atfault for the accident, and his insurance company has paid for 100% of the repairs. The other Driver contacted my Daughter on Facebook (Harassment) and told her that he had a Class A CDL and that due to the 'fraud' in the incident he has lost his license, and job and that he plans to get footage and will sue for his schooling, lost wages, and damages to his vehicle. I instructed her to immediately block him and she did.
What happens now
We're worried.. if he obtains the footage from one of the streetcameras we could be in trouble, we are concerned about what could happen. Background check shows that he has Obstruction of an Officer, Failure to Pay, and Vagrancy charges in other states. He's usually Homeless and travels. We're hoping we can argue that the man is no stranger to the law, and is making trouble.
We have some questions.
1. If he obtains footage of the accident, could the insurance case be reopened? Could we be found atfault for the accident?
2. Can he press charges for fraud or lying? That I know of, it isn't illegal to lie in accidents.
3. If this makes it to a court-room, can we use his criminal history against him? He has Obstruction of an Officer and Failure to pay, which I'm sure the courts will just love. It's evidence that he has a history of lying.
4. Is he correct? Can he sue us for his CDL schooling and lost wages?
5. The youngman has verbally abused my Daughter by calling her a 'lying cheating c*nt'. We have documented it. Can we have charges pressed?
6. How should we proceed in this? Can we do anything to make it so he can't access street camera footage? Is there a law that says because my daughter is in it that he can't use it because of privacy?
7. My Husband is worried she could be charged with wreckless driving. Is this possible?
7. Most importantly. Could my Daughter's scholarship be in jeopardy?
Thank you for reading. My Husband and I appreciate all advice. I'll add my Daughter graduated full honors and is educated. She has never been in trouble with the law. This other driver isn't educated and has been in Jail. I'm not sure if that can be used for anything, but I'll leave it there at your convenience.

