State suing me for guardrail damage

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impactplayer

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Hi,

I was in a car accident two years ago (November 2006) where I rear-ended another vehicle on the highway. The accident occurred near a highway guardrail, but probably about 40-50 yards past it, and the accident occurred in the far right lane, while the guardrail was on the left hand side of the highway. The guardrail was damaged, but my vehicle did not cause the damage because I did not hit it, and it would have been impossible to, given the nature of the accident. The officer at the scene asked me if I hit the guardrail, and I told him I didn't.

Fast-forward two years later, and I just got a letter from the state attorney general saying that I need to pay them $2000 in damages for property belonging to the state within 10 days, or else they will file suit and recover from me. I would simply have insurance cover this, but at the time of the accident, my insurance coverage lapsed for 2 days because my parents didn't send payment in on time. Therefore, I'm stuck with the bill here. I'm a second year law student, living solely on financial aid, and just don't have that kind of money. I tried to explain that to the Texas AG, but they said there's nothing they can do and that they will file suit.

What can/should I do here?
 
Let them sue you then I suppose. What evidence do they have that you caused the damage? If you lose the suit then you will have to pay.
 
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