Texas Car Accident Legal Questions

Your daughter is what is referred to as a "permissive user" which means that the older friend allowed her to drive the car.  The policy on the vehicle should cover the collision regardless of whether that family wants to report it to their insurance or not.  The driver your daughter ran into needs to make a claim against the family who owned the car and it is okay for you to provide the other family's insurance information or contact information to the driver your daughter hit. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 1008 S. Madison Amarillo, TX 79101 800-753-5359 www.youramarillolawyers.com... Read More

I'm sorry for your loss of your dad.  No matter the age, we are never ready to say good-bye to them. Children have a cause of action(s) for the loss of their parent(s).  You will want to talk to a lawyer who handles this type of case.  You will want to provide the following information: 1.  The location of their vehicle if you know it, 2.  A copy of the police report if you have it.  3.  Any names of witnesses you may have or others who have information about what occurred.  4.  The name of the hospital your parents were taken to.  5.  The name of all the biological and/or adopted children of your parents.  6.  If you have any pictures of the vehicle(s) in the accident (post accident) that would be helpful.  7.  There are many other things to provide, but for now, this is a start. Most lawyers who do this type of work will give a free consulation.  My firm gives a free consultation either on the phone or in person.   I hope this gives you a start in your efforts to investigate what you should do.... Read More

The best thing to do is to refer the case to your insurance company.  They will retain an attorney on your behalf to defend you at their expense.  The reason you are being sued is because you are the registered owner of the car.  The claims against you may be for negligent entrustment.  Regardless, if you were not driving and are not otherwise subject to a claim for negligent entrustment, then your attorney will get this all sorted out in due time.... Read More

If the damages are less than $10,000, you can (and should) file the case in small claims court. If you are seeking recovery from the at-fault driver, you can only sue the driver. You cannot sue the insurance company directly. But just be aware that, once you file the suit, the insurance compnay is going to hire an attorney to represent their driver and will probably request a jury trial. So, you will have to deal with all of that. Nevetheless, since small claims court has very relaxed and informal procedures, and since the formal rules of evidnece do not apply, this remains your best option. Another option would be to put the claim through your insurance company if you have the proper coverage.  You may have to pay your deductible, but you will get your car fixed and back on the road.  Then let your insurance compnay worry about going after the other side for reimbursement. if they are successful in getting reimbursed, then your insurance company will refund your deductible.... Read More

The insurance company wants to drag out the process and then offer you a settlement for a "Full Release".  If you have your health insurance of PIP, then submit the bills to either or both in order to get your medical bills paid.  If you do not have health insurance, and do have PIP, then submit them to your own insurance policy (car insurance) under the PIP provision of your own policy.   It might be worth calling an attorney who does personal injury cases.  Those of us that do this type of work don't charge to talk to someone on the phone or typically give a free 20 minute consultation in person.  ... Read More

Hi there, I am an attorney at Shaw Cowart, LLP in Austin, TX and have some feedback for you on your situation.  Since the accident occurred in a private parking lot, the Police will not issue a citation. Thankfully there were no injuries. However, because of that you may have a little trouble finding a lawyer to handle this. It will likely cost you a lot of money to pay a lawyer because only property damage is involved. It may be more appropriate to take this to Small Claims Court (Justice of the Peace) where you do not need an attorney. You certainly have a good argument that you had the right of way in the parking lot. You were proceeding down a travel lane, while she was pulling out of a parking space.  Good luck to you!    Shaw Cowart, LLP  ... Read More

Your case could be a products liability case.  What type evidence you have been able to accumulate and gather?  Do you have photos of the scene, the vehicle, is the vehicle still in a pound somewhere, how do you know that it was the tire that seperated, etc... How badly was the person injured? Did they have a seatbelt on? Where were they seated in the vehicle?  What type of vehicle was it?  Make, model and mileage of the vehicle?  How many people were in the vehicle? Is there a police report?  Do you have a copy of the police report?  Or, it may be a Texas Department of Public Safety Crash Report. These cases are not easy to bring, but if you can answer some of these questions, then an attorney can advise you on whether you have a viable cause of action. I would advise you to consult with an attorney who does personal injury cases.    ... Read More

Unfortunatley, the situation you describe is not uncommon.  An insuracne company has the duty to investigate a claim on behalf of their policy holder.  However, if the policy holder will not cooperate in the adjuster's investigation and handling of the accident, then the insurance company can refuse to provide the protection of his insurance policy. That is bad news for you because the adjuster will not move forward on your claim.  When this happens, you have to treat the other driver as an uninsured motorist.  Therefore, you may have to report the accident to your own auto insurance carrier.  If you have uninusred motorist coverage, then they will step in and take the place of the other driver's insurance.... Read More

You are entitled to a variety of damages under a personal injury case including pain and suffering and/or mental anguish damages.  Given your brief description of your case, it is difficult to answer your question.  If you do not have any physical injuries and did not seek medical attention after the collision, the proof of damages can be more difficult to prove.    ... Read More

Before you do that, you want to make sure that you do not have Personal Injury Protection (PIP) or Uninsuired Motorist (UM) on your wife's car.   Have your insurance company set up the claim and provide you with the legally required signed rejections before confirming that you didn't have those coverages.... Read More

Unfortunately, this is a very common scenario. Contact your insurance company and report the claim.  If you had collision or uninsured motorist coverage, they will get the repairs started or contact the other driver and get the insurance information. I actually wrote a blog post that explains your situation more thoroughly. Either way, don't ever do that again.  Always get all the information at the accident scene.  If the other driver refuses to give you the information, just call 9-1-1 and tell them to send an officer out to facilitate the exchnage of information. ... Read More

Both.  You have to file suit before the deadline.  If you serve the defendant after the deadline, then you have to prove that you used "due diligence" in locating and serving the defendant with the court papers.  If there are long and unexplained periods of inactivity in getting the defendant served, then you could be subject to a "statute of limitations" defense.  So, be sure to documents all your efforts in getting the defendant served.... Read More

You can change your lawyer after an offer has been made, but it might be hard to shake the attorney off your tail.  He is still going to want his fee.  You are entitled to a complete and detailed summary of your settlement disbursment.  I would would ask for that.  From here on out, make all your communications to the attorney in writing, including emails.... Read More

If he was injured, then he should contact an experienced personal injury attorney right away.  Since this is a hit & run accident, you were right to set up an uninsured motorist claim.  But I would refrain from giving any sort of written or recorded statement about the accident until after you hire an attorney.... Read More

You should be able get the car repaired under the other person's insurance policy. If you were hurt that should also be covered. Medical proof of injuries is important if you need to make a claim so don't wait to get help. A lawyer can probably help with getting the medical with little or no cost to you.... Read More

I wrote an answer earlier but I don't know if it was sent. The answer is that you are entitled to damages in the amount of the value of the car. Replacement is a possibility but tht is somewhat difficult as you may not get a vehicle that is in the same condition as the old one. Aamco should have insurance. Make a claim with their carrier or an attorney can help if you run into difficulties. This seems a very straight forward situation where there should be little argument over liability, the shop was negligent and you should not be penelized for their negligence. If suit is necessary and the value is under $10,000 you can file in the justice court and an attorny is not required. ... Read More

The reason they are asking questions about the accident is because the insurance company wants to assert subrogation or reimbursment in the event you get a settlement from the car accident. That means the insurance company wants to take part of your settlement.  Do you have an attorney?  If not, you better retain one.  If so, then give that questionaire to your attorney.... Read More

Potentially, there could be a case. You and your passengers didn't have to experience severe injury to be entitled to recover from an insurance provider for your pain and suffering. If you have any soft tissue damage that requires treatment, you should be able to seek and obtain that treatment. And, as you were not the cause of the accident, you shouldn't have to pay for that treatment.... Read More