Texas Car Accident Legal Questions

If a driver causes an automobile collision that results in bodily injury to another person, the driver is legally responsible for reasonable and necessary medical expenses paid or incurred by the injured person.There are a lot of factors that may affect whether you ought to accept a settlement for less than the amount of expenses you have paid or incurred.  One is whether the other driver is solely at fault.  Another is whether the other driver has insurance and, if so, what are the limits of his insurance policy.  Another is whether the other driver has non-exempt assets which can be seized to satisfy a judgment.  Another is whether you have underinsured coverage to make up the difference between any gap in the other driver's insurance limits and the actual amount you paid or incurred in medical expenses.  Another is whether your healthcare providers are willing to compromise what is owed to them for your medical treatment (i.e. whether they may be willing to accept less than $60,000).  You indicate that your "litigator" has offered you $35,000.  Assuming you have hired a competent lawyer with experience handling automobile accident cases, you should consult your lawyer as to the pros and cons of accepting the offer as he/she will have more detailed knowledge of the facts of your particular case and should be able to explain in more detail to you the facts and legal issues which should affect your decision.... Read More

Juries tend to find in favor of the rearendee rather than the rearendor. But there are instances when the driver of the second vehicle immediately is not responsible, and the person whose car was hit is responsible. It all depends on the facts. Who was exercising reasonable care? Who was not? How fast were you driving? How slowly were they driving.  What was the speed limit? Were yur sweeherthn=Were there witnesses? If so, what do they say they observed? Was there a police report? If so, what did the officer conclude was the cause of the collision? Many more questions, but hopefully these will give you a bit to go on for now.... Read More

There are a few different options: 1. A person's driver license can be suspended under the Texas Safety Responsibility Act if the person meets the following criteria: the person was involved in an automobile crash; the investigating officer lists contributing factors that indicate the person was responsible; the person did not have automobile insurance at the time of the crash; and the crash resulted in injury, death, and/or property damage of $1,000 or more. 2. You may also file a claim on your own insurance policy if you had collision coverage and/or uninsured motorist coverage on your policy at the time of the accident. You should always maintain uninsured/underinsured coverage on your own policy for situations like these. In fact, you should automatically have uninsured motorist coverage unless you signed a document saying you do not want that coverage. If you file a claim on your own policy, your insurance company has the option of going after the uninsured driver.  3. You can also sue the driver who ran the red light.  ... Read More

What you are describing is a claim of negligent entrustment.  It makes no difference who insures the vehicle.  Negligent entrustment is a claim against the person who owns the vehicle.  My recommendation would be to either title the vehicle in you daughter's name only or, at least, add her name to the title.... Read More

This case is not just a plain auto accident case.  It might involve governmental liability, especially if the person driving the transport was wholly or partially at fault in the accident.  The rules and procedures regarding governmental liability are a bit different than an accident involving civilians.  Just call an auto accident attorney and get a free consultation.... Read More

As a legal matter, yes they are still liable regardless of whether or not you have insurance. However, as a practical matter, some insurance adjusters tend to resent people in your position making claims and might handle your claim or skeptically. I highly recommend you contact a lawyer. If this incident occurred near the Dallas/Fort Worth area, you can get a free consultation. 214-321-8225.... Read More

So if you have insurance coverage on the vehicle that was in place at the time of the accident, then you already should have free legal counsel that will represent you, and not only represent you would pay any judgment that is obtained against you. So you need to call your automobile insurance carrier that insured your semi truck.... Read More

If your son and/or grand-daughter don't have an attorney, they should get one.  The hospital should not be getting paid directly from the insurance company.  The money should be paid toward their claim, and then an attorney will negotiate with CHIP on their right of reimbursement.  Otherwise, the injured parties have no control over how the money is distributed.... Read More

Even though your company has the insurnace policy, you are still covered as an "additional insured."  Therefore, you are entitled to the benefits and protection of that policy, including a legal defense for any lawsuits brought against you.  However, as an "additional insured," Texas law requires that you must notify the insurance company of your receipt of the court appears and to request a legal defense.  Once you do that, the insurance company has the responsibility to provide for your legal defense. Simply call the adjuster and get an email address.  Then, attach the court papers to the email with a message that states that you have been served with the attached court papers and request the company to arrange for your legal defense. if you found my answer helpful, please leave me a review on Lawyers.com and on my Google profile.... Read More

The fact that you did not have insurance has no legal effect on your claim against the other person or their insurance.  However, there may be some practical effects. If you were injured, I would suggest you contact an Attorney before handling your case with the other insurance company. You can call and get a free consultation with no obligation. You will then know your options and make a decision from there.... Read More

Contest the ticket in Court. If it is clear they are intent on getting a guilty verdict, a nolo plea should not be admissible at a subsequent trial.  Parts of the Officer's report MAY be admissible, depending on the officers experience and training (i.e. in accident reconstruction).  Most DPS officers are, and local /county less so.... Read More

My best guess is that your attorney for some reason decided to drop your case, perhaps liability or coverage issues.  There are lot of factors that go into an attorneys decision on whether they are going to drop a clients case.   In regards to the $2500 check.  It is most likley your PIP (personal injury protection) coverage that you took out on your auto insurance policy. Most people that have PIP coverage have it in the amount of 2500.  So this is most likely what the 2500 check is from. ... Read More

If the accident report is saying that it is not your fault, then you allready have that element in your favor.  Next, if you have suffered any bodily injury as a result of the accident you should seek immediate medical attention for your injuries.  In terms of the property damage, you need to file a claim with the "at fault" drivers insurance.  In terms of being made whole, your insurnace ie the 1st party insurer, can offer to pay your property damages then "subrogate" with the "at fault" parties insurance. Subrogation means that your insurance will front the cost of the repairs to your vechicle then demand to be paid back by the "at fault" drivers insurance. ... Read More

You might be abel to pursue an insurance claim in one of two ways:  First, were the passenger's actions in causing the accident intentional.  In other words, did the passenger intentionally cause the collision.  If he had his own auto insurance, then his liability coverage may cover your injuries if they beleive that he caused the accident, but did not do so intentionally.  If they beleive he intetionally cause the accident, then his insurance company will decline to provide coverage under the "intentional act" exclusion under the policy.  It is not enough that he just intetionally grabbed the steering wheel or assualted you.  He had to have intended to cause the collision or your resulting injuries.  Second, if the passenger did not have insurance, or his insurance company declined to provide coverage under the policy, then you may be able to file a claim on your own uninsured motorist coverage ("UM coverage"). This is coverage that will pay for damages caused by an uninsured driver.  Hopefully, you had UM coverage on your policy. If neither of these two options pan out for you, then your only other option would be to pursue the passenger in court.... Read More