QUESTION
Am I unable to sue his insurance company directly in Texas since they should be liable to pay for our damages and medical expenses?
Asked on Sep 13th, 2012 on Personal Injury - Texas
More details to this question:
My daughter was hit by a gentleman who while driving his dodge viper, was said to be "street racing" another vehicle, which fled the scene and weeks later, was apprehended. My vehicle was totalled and spent almost over $8000.00 in medical bills on her. His insurance has refused to pay for anything since he was "supposedly racing" even though he was not issued any type of citation for such activity.
2 ANSWERS
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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Generally, no. In Texas, you usually need to sue the tortfeasor personally. who then usually will ask his insurance company for defense and indemnification.
Answered on Sep 19th, 2012 at 1:13 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Yes. Our great politicians and Supreme Court in Texas have passed laws and rules that prevent you from directly suing a person's insurance company for failure to pay a claim. Your only choice is to sue the person directly and if his insurance company doesn't want to pay, then you have to take him to a trial.
Answered on Sep 19th, 2012 at 1:12 PM