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Texas Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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2 Answers | Asked in Car Accidents for Texas on
Q: What is Judgement VOL./BOOK 211, PAGE 227-229? Or where can I find it? Torts automobile accident/injury
John Michael Frick
John Michael Frick
answered on Nov 3, 2023

In the old days before court records were stored electronically on computer servers, court judgments were recorded in paper format in big books in the court clerk's office. "Vol./Book 211" indicates the volume number of the book in which the judgment is recorded. As you may have... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Texas on
Q: What type of attorney is needed to help with a subrogation representative to collect a debt from an auto accident?

This involves a debt being sought from an insurance company. The insurance company has paid out to their client but wants me to pay them for the accident. My insurance company denied the claim on my side due to the driver being excluded from my policy. The debt is more than I can afford.

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

There are a number of attorneys who are capable of handling a motor vehicle accident case, particularly if no one was seriously injured. Younger, less experienced attorneys with 2-5 years of litigation experience handling automobile accident cases will be less expensive but nevertheless perfectly... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I had a accident in July I hired a lawyer went to doctor police report said that was in the wrong I found out about a mo

Mount later that my insurance company drop me I got a letter about 2 weeks after the accident that I didn't have coverage so the other company want pay my lawyer also drop me what can I do about my car and injury

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A Texas attorney could advise best, but your question remains open for two weeks. You have two issues here, the coverage issue from losing the policy, and liability issue in the accident. If your attorney dropped you, your starting point could be to see if you could arrange a free initial consult... View More

1 Answer | Asked in Car Accidents for Texas on
Q: Car Accident How much to sue for when insurance fails.

Accident between me on motorcycle and other car. Other car entered the road from being parked on the wrong side and came at me head on. I swerved and impact of the left side of his vehicle- bike was totaled. He was still in my lane when impact occurred. Other driver was issued a citation. My... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2023

I'm sorry about your accident. I hope everyone is okay. A Texas attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the general rule nationwide is that if you were already covered for an out-of-pocket loss, you... View More

1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

2 Answers | Asked in Car Accidents for Texas on
Q: My daughter, who had no ins., was responsible for an accident. The other ins. Co. Is forcing her to pay them back.

The ins. Co paid the claim for their client and is threatening to sue her if she doesn’t pay them back what they paid out. Is this legal?

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

What you describe in layman's terms is legal and proper if your daughter was responsible for the accident. The other party's insurance company is subrogated to their rights against your daughter who is legally responsible for any damages resulting from the collision she caused.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More

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2 Answers | Asked in Car Accidents for Texas on
Q: Need help to fight a car accident claim that should've been the other person's fault.

While driving on the access of a two lane road it merges to one lane but the car that was behind me started driving aggressively on the shoulder trying to go around me, speeding when their vehicle hit mine and I hit the concrete construction barrier. After the accident the other car tried to drive... View More

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

Depending on the nature and extent of your bodily injuries and the amount of medical expenses you have paid or incurred, you should have no trouble finding an attorney in or near the county where the accident occurred to handle such a case. Most will handle such a case on a contingency fee. You... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Texas on
Q: If I get a form SR-88 signed by my county clerk to dismiss a subrogation case after 10 years, can they still persue me?

Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

An SR-88 is usually used to renew a judgment.

If you have 10 years of non-payment, I would not do anything.

The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually,...
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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: An insurance company denied the claim

I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

I would send the insurance company a copy of your car title and registration, and ask it to reconsider.

A bill of sale can be easily falsified or manufactured, particularly if a relative is involved.

The actual certificate of title is what shows who the actual owner of a motor...
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1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Texas on
Q: I received a citation form 353-3 here in Dallas in regard to an accident last November don't know what I'm supposed

Was stopped behind a guy at a red light we got the green light and the Green arrow to turn left he started rolling forward then slammed on his brakes causing me to roll into the back of them there was no damage to my car mine are damaged to his back bumper he told the fireman he was okay I told the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2023

A Texas attorney could advise best, but your post remains open for almost a week and action may be needed. Yes, you were told right about the insurance end of things. Your insurance company should take care of any claim(s) for property damages or injury from the vehicle in front of you. But you... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: Police say I'm at fault for wreck an gave a failure to yield the right away ticket. What do I do?

I was pulling into my driveway when I was hit on my right side by a truck. My car is totaled. Truck had no damage. The speed limit was 45 mph and the skid marks from the accident were 70 ft at least.

John Michael Frick
John Michael Frick
answered on May 22, 2023

Take pictures of the skid marks. Put a level on the surface of the road to measure the slope.

With respect to the traffic ticket, plead not guilty and request a trial.

With respect to the car accident, turn in a claim to your insurance and make a claim against the other...
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1 Answer | Asked in Car Accidents for Texas on
Q: Legal liability of at-fault driver in a fender-bender in a vehicle without insurance coverage at the time of accident?

I was recently in a minor car accident when I couldn’t skidded and couldn’t stop in time when coming to a line of cars at a red light. The car I hit then hit the car in front of her, who then hit the car in front of them. No injuries, no airbags deployed, just minor cosmetic damage for all 3... View More

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2023

A Texas attorney could advise best, but your question remains open for three weeks. I'm sorry about your accident. I hope you and everyone involved are okay. As a general matter nationwide, such chain reaction impacts with a line of stationary cars are usually attributed to the moving car that... View More

1 Answer | Asked in Small Claims and Car Accidents for Texas on
Q: Who has to pay for my stolen tires?

My car was at the repair shop due to an accident from an insurance claim. While there the fence was cut and my car along with three others had their tires stolen. I am being told to contact my insurance and file a claim so that the repair shop can pay the deductible. I do not understand why my... View More

John Michael Frick
John Michael Frick
answered on Apr 25, 2023

Most vehicle owners maintain a type of coverage called comprehensive coverage to insure their vehicle against things like theft and vandalism.

This is particularly useful when the perpetrators of theft or vandalism are unknown.

Since a repair shop or parking garage or shopping...
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2 Answers | Asked in Insurance Bad Faith, Small Claims and Car Accidents for Texas on
Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault

In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!

other party claimed couldn't speak English and Police... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.

Our JP courts have jurisdiction up to $20,000. If the damage to...
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1 Answer | Asked in Car Accidents for Texas on
Q: Can I sue if the person at fault in accident provided expired insurance coverage?

I was in an accident, the person provided ID & insurance info but at the moment I was still in shock my children were with me so I never noticed that his policy was expired. I called my insurance and asked why I’m stuck paying a deductible and I was told that the person didn’t have... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

You can sue a person with whom you have a collision regardless of whether they provided expired insurance coverage.

Their insurance coverage protects them in the event your lawsuit against them is successful. Whatever judgment you obtain against them will be paid by their insurance company...
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1 Answer | Asked in Car Accidents for Texas on
Q: Can insurance company accept responsibility for property damage and deny injury claim stating i was at fault

This was after i was rearended

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Yes, of course. This logically can happen for instance if you were not properly wearing your seat belt. The property damage to your car might have been caused by the other driver rear ending you. But your personal injuries might have been caused by your failure to properly wear your seat belt.... View More

2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

Jimmy Doan
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Jimmy Doan
answered on Feb 26, 2023

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not...
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