I do not think this accident is a 100% fault one or the other of you...from your discription, nor do I think you are free of fault....where exactly is your impact and where is the other vehicles impact?
Just the reason I believe that she might not receive compensation for all her damages, rather, if its determined that she has contributed more than 51% in the accident, she will not receive a dime from the other party instead would be held responsible for the other car's damages. And non-availability of insurance has made the situation even more difficult.
Texas is considered to be a tort state (Proportional Comparative Fault at 51%), which implies that the drivers are required to bear the financial responsibilities of the damages caused by them. And if she is apportioned to have contributed more than 50% in the accident she and her family might face the consequences as well.
It's be wise to be insured! and let the carriers fight it out...
That's right, but at the same time you need to be careful with the ways you drive. She has got her licensed suspended and consequently has lost her coverage. If she has had resolved the matter with the DMV, she would have the insurer fighting the case for her.
Anyways, reckless and insensible driving can play havoc on your insurance policy as well. A claim filed under your policy is bound to increase your premium rate, moreover, you may even lose the coverage or may face problem in obtaining one if you file too many claims with your insurer.
