Doesn't matter if there is "bad faith". TDI will require the carrier to pay the claim if they determine United Auto's insured was the responsible party.
TDI complaints are mostly about bad faith. TDI can't make an insurance carrier do anything unless there is bad faith involved (i.e. the claim is denied w/o doing a proper liability investigation). And TDI isn't going to determine that any carrier should pay a claim when there are no witnesses, no police reports and physical damage that both support the conflicting drivers statements. Also, the insurance companies aren't going to fight it out unless one establishes clear evidence of liability, which is almost impossible to do in this case. His insurance company will offer to pay the claim under his policy and be done with it. They won't waste their time, money and resources to recover a payout where liability is unclear.
It isn't too late to file a police report. I would do that ASAP. It won't be as good as a report from the scene but at least it'll be filed. Ask the police to inteview him and maybe the police can view each of your cars. Then the police can write their own assessment. If that assessment supports your view, the insurance company no longer can claim you are at fault. But without a police report to indicate fault, the insurance company will make it up themselves.
Assuming I want to do that, which police station should I go to? And I appreciate everyone else's advice, but my question is, how the heck can I avoid an accident when the guy rammed me from behind?? By the way codell, you sound very knowledgeable, are you in the insurance business?
Yes. I am a field adjuster here in Houston. I doubt the police will do much for you. They will take a report, but they typically only do an investigation if the vehicles haven't been moved from the accident scene. They will probably just give you a blue form, which is worthless at this point (heck, they are worthless at any point).
