My question involves insurance law for the state of: Texas
On November 6th a lady hit the front of my car while I was entering my apartment complex. The lady didn't speak any English so I had called the police to bring out a translator. The apartment manager heard the accident and came outside to make sure we were both ok. The lady who hit me told her that she was looking for her cell phone in her center console and that's what caused her to hit my car. She also tried telling the manager that her husband was driving...but her husband wasn't even in the car with her. So then the police arrive. They get her insurance information from her to give to me and proceed to tell me that she doesn't have a drivers license but they are not issuing a citation or taking her to jail if im not injured. I was only going about 5 miles an hour and told the officer that i don't have any immediate injury's and would know about anything until day possibly weeks.
well it was a Friday at 4:30pm and so Monday I called her insurance company. Turns out she had a lapse in insurance at 12:01am friday November 6th (the day she hit me) and it was reinstated on the following Monday and that they wouldn't cover me. I was told by a friend that insurance company in Texas cannot re-insure someone who has a claim on their vehicle.
What are my options. I plan on taking her to small claims to fix the damage, but should I do anything about the insurance company?