Texas Car Accident Legal Questions

Because the accident occurred in the parking lot of a hotel, e.g., private property, the police will generally take no action. You do not provide sufficient information to speak to "fault." However, your car loan documents state that you must carry insurance; hence, the bank could repose the vehicle.... Read Answer

Write them a letter and request documentation as to whether their insurance company (uninsured motorist coverage) covered repairs. Let them know in the letter that the court specifically stated that you would be reimbursed for this if it occurred and that you are requesting the information before you continue paying or seek assistance of the court.... Read Answer

John Bisnar - Auto Accident Attorney California You sue the driver and not the insurance company.   This is the type of incident that demonstrates the need to get the police to do a traffic collision report at even the smallest of collisions.  It is not unheard of for someone to deny they have been in a collision and/or deny responsibility when there hasn't been a police investigation and report.  This is especially true when the harmed party doesn't have any independent witnesses. John Bisnar BISNAR|CHASE, California Auto Accident Attorneys Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read Answer

John Bisnar To find a local car accident attorney look in the upper left hand corner of this page.  There is a button entitled "Find a Lawyer".  Click on that button and it will lead you through a search for the legal assistance you need.  There are plenty of very fine law firms listed. The best car accident law firms will provide you a free consultation to discuss the facts of your case, the law that applies and your best options. John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals.  Proven Results www.BestAttorney.com 800-956-0123... Read Answer

Sounds like what you need it is a really good car accident attorney rather than to start a malpractice case.  Changing attorneys is easy.  Just find a local Texas personal injury law firm with a great reputation  handling traffic collision cases.  Texas has plenty of really good ones that will keep you informed, move your case along and keep in touch with you. I'd refer you to a good accident attorney in Texas if I knew where you lived.  Look for the button in upper left hand corner of this page entitled, "Find a Lawyer".  You can start your search for a new attorney there.  Your new attorney will take care of the entire change of attorney process and you should be on your way without much hassal at all. Based upon what you have shared, you don't really have a malpractice case that you want to pursue.  It is much easier to recover what you are due from the auto insurance company than to go through the additional time and hassal of a malpractice case, if in fact you have a winning malpractice case. Good luck with the new attorney. John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals, Proven Results www.BestAttorney.com 800-956-0123... Read Answer

What you're asking if I'm following you correctly is, can the insurance company right insurance policy that doesn't actually cover the owner of the car. You will want to check your state laws pertaining to insuring a car, in states where you must have car insurance to drive a car, generally that insurance always have to include the owner of the car and on the additional drivers. It would not be legal for insurance company just to issue a policy that does not conform to state law, simply for the purposes of driving a car off a car lot. You would most likely fare better with the insurance agency if you hired an automobile accidentt attorney or a personal injury attorney. Many times insurance companies just give you the runaround simply because you don't know your rights. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

A signed release may protect you from some liability.  Much will depend upon what the release says, the laws of your state and what the facts of the "accident" are.  There are some types of liability that can not be waived. Bottom line, you are better to have a release than not have one.  However, depending upon the circumstances, the release is not likely to protect you from all things in all circumstances. John Bisnar, Bisnar|Chase, Personal Injury Attorneys Trusted Professionals, Proven Results www.BestAttorney.com 800-956-0123... Read Answer

Turn this matter over to your insurance company immediately. Most likely, the person suing you and your insurance company have not agreed on a settlement.  Suing you is how the other party is putting pressure on your insurance company to pay their demand. You probably have nothing to worry about, except the hassal of being sued.  You probably are not at any risk of losing something out of your pocket.  At this point it is most likely just a dispute between your insurance company and the person you were involved in the accident with. John Bisnar, Bisnar|Chase, California Personal Injury Attorneys, www.BestAttorney.com, 800-956-0123... Read Answer

Yes, you are entitled to a recovery. Determining the amount is complicated, and requires more information. I suggest you hire an experienced local personal injury attorney, who will do your case on a contingency (no fees until the case is over and then only a percentage of what he recovers for you) Good Luck,   Andy Gillin, Senior Partner GJEL Accident Attorneys... Read Answer

Yes, you can still fight the case. It is not up to the insurance company to decide who is at fault. It is up to the court. I suggest you find an experienced personal injury lawyer in your area who will do the case with no costs or fees in advance. Good Luck,   Andy Gillin, Senior Partner GJEL Accident Attorneys... Read Answer

Your tax records may be your best evidence of your income.  If you are claiming lost income it is up to you to prove the amount of your loss.  Your verifiable tax returns show your past earns and are usually a good indication of what you would have made, if not for your injury.  You do not have to provide verifiable tax returns.  You however risk not being able to adequately prove your lost income.  Waive your lost income claim and your tax information is not needed. If you were employed, your prove of employment and verification of lost wages from your employer would have been sufficient.  Since you are self employed, your tax returns are your best evidence. John Bisnar, Bisnar|Chase Personal Injury Attorneys Serving California car accident victims from www.California-Lawyer-Attorney.com... Read Answer

In an Automobile Accident were the other driver is uninsured and you pay a deductable you could sue to uninsured driver in small claims court. But if they can't afford insurance, most likely they don't have a penny to their name and certainly no home you could put a lean on. You could still contact a Automobile Accident Attorney in your area and ask what the specific laws are to handle this situation. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

Your attorney can not force you to settle your case. If you do not authorize your attorney to accept a settlement offer then the case may not move forward until your attorney is forced to file your case (due to time limits) or to drop you as a client.  She will not allow the statute of limitations to pass without filing your case...that would be....a really bad situation and I am sure she would not allow that to happen. You have other options than just taking the offer or firing her.  You can instruct her (do this in writing) to file your case.  Then she has the option of dropping you as a client or filing the case. If you change attorneys voluntarily (without her dropping you), your present attorney is entitled to be compensated for the work she has performed.  What will happen is that your new attorney and your old attorney will work out a deal as to who gets how much of the attorney fee on your case. It is much easier to find a new attorney to take on a case if their isn't a former attorney who the fee has to be shared with. I think your first best option is to get a second opinion about the true settlement value of your case and an estimate of what your case would be worth in front of a jury compared to the costs to go to trial and the risk of losing.  Get a consultation with a VERY reputable, experienced, trial successful personal injury law firm in the jurisdiction where your case would be filed. After getting a really good evaluation of your case, you will be in a much better position to make your best decision on how to go forward. Good luck to you. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.California-Lawyer-Attorney.com, 800-956-0123... Read Answer

Typically, contingency fee agreements with personal injury lawyers talk about "gross recovery" which would include any liability recovery from ANY source.  If your attorney is doing the work to secure compensation for you, arguably he/she should be entitled to a percentage of that recovery.  Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

You are absolutely right, you need legal assistance.  I suggest that you first call your auto insurance company and seek their assistance.  They can get your car repaired (you'll probably pay a "deductable") until the matter gets straightened out.  They will also defend you from claims from the trucking company. Next, get a consultation with a local personal injury law firm.  They can analyze the traffic collision report and explain to you your options.  In the upper left hand corner of this page is a "Find a Lawyer" link.  Go there and get a local law firm that specializes in auto accident litigated cases. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.California-Lawyer-Attorney.com, 800-956-0123... Read Answer

The practical answer is there is probably not much you can do.  If you have any witnesses to back up your story, then you should be in good shape.  However, without them, it is a "he said, she said" situation and no way to really know what happened (even if you are telling the 100% truth).  Typically, an insurance company listens to their insured's version of the accident (when it helps them avoid paying out on a claim) and you will not be able to prove otherwise.  They are essentially offering you 50% because they do not know the truth so they split the difference.  Unfortunately, proving you are right is not always easy. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   ... Read Answer

Your liability insurance carrier will generally provide you with an attorney at their expense to defend your case.  If you do not have liability insurance, then you need to retain an experienced civil trial attorney who focuses on defense of auto accidents.   www.gawrongfuldeathlawyer.com... Read Answer

Most insurance policies are written in a way that does not allow a person to receive a NEW car.  Typically, an at fault driver is responsible to pay back the book value of your used car.  This does not always seem fair (especially when people owe more on a car than the car is worth), but that is usually what is owed.  I would suggest you check out several online sources to see the value of your vehicle.  Two popular sites are www.kbb.com  and www.nada.com. Best of luck. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer