Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Steven Pate Harrelson
3 Answers | Asked in Car Accidents for Texas on
Q: The woman who hit my car claimed the only reason she swerved into me was because a coffee she'd ordered from a fast food

place spilled and scalded her. She says I need to sue the restaurant, not her. Is this true?

Steven Pate Harrelson
Steven Pate Harrelson answered on Jul 5, 2018

No, she would still be negligent. She is the proper Defendant.

View More Answers

1 Answer | Asked in Car Accidents for Texas on
Q: What can I do about the damage to my car after a wreck?

A driver ran a stop sign and hit my vehicle. I had non-life threatening injuries, but significant damage to my car. The police report was unable to determine fault and as a result the other driver's insurance company refuses to pay out. What can I do about the damage to my car?

Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 26, 2018

Submit it to your insurance carrier. if they believe the other insurer is responsible, let them deal with it.

1 Answer | Asked in Car Accidents for Texas on
Q: my sister was hit by another car that passed a red light and we didn't have insurance yet and they were at fault

It is my car that I just had took out the shop on Saturday evening and wasn't able to put insurance on it until that Monday and I lent it to her for Easter Sunday so they can get around on Easter, but the car is mine and was gonna put it on my insurance with my other 2 cars. I do have the police... Read more »

Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 7, 2018

This occurred in Texas? You should be fine to pursue a claim on the other parties' insurance. Texas doesn't have a no pay, no play law (yet).

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: our truck was wrecked.we had uninssured motorist.our insurance says they changed it(per our request)we did not.what can

we do.? our truck was totaled.by a restricted driver.

Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 2, 2018

Texas law requires that any rejection of Uninsured Motorist (UM) coverage be in writing. Have your agent show you the writing where it was waived/rejected.

View More Answers

1 Answer | Asked in Car Accidents for Arkansas on
Q: i hit an off-road vehicle that had fell out of a truck operated by a driver under the influence. who is at fault? Thanks
Steven Pate Harrelson
Steven Pate Harrelson answered on Mar 13, 2018

Based on my limited knowledge of the facts, it appears that the person operating the vehicle that lost the ATV would be responsible. However, if you had a last clear opportunity to avoid the accident, you could be apportioned some percentage of fault.

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: other driver Failed to yield and hit me totalling my car, They were ticketed and found liable but have no insurance

I live in Texas and have been working with a lawyer but once they found out that other driver her insurance was not valid or expired there said there was

Steven Pate Harrelson
Steven Pate Harrelson answered on Jan 20, 2018

Check your policy for your Uninsured Motorist (UM) coverage. Unless you specifically waived it in writing, you should have coverage for your losses.

1 Answer | Asked in Consumer Law, Contracts, Car Accidents and Civil Rights for Texas on
Q: Is it worth sueing this girl? Will i win? I doubt she will show up.

I financed a Honda Civic back in 2013 thru a dealership in Garland. I had bad credit at the time so my mom was owner of the car, i was the “co-signer.” I drove it until April 15 when i could no longer afford the vehicle since i moved to OK to go to school. My mom let her fiancé drive it... Read more »

Steven Pate Harrelson
Steven Pate Harrelson answered on Jan 2, 2018

There are a lot of issues here. The short answer is that even if you do win, it’s unlikely that you will ever be able to collect anything on any judgment that you get against the woman who wrecked the car. However, if she does have some easily identifiable assets that are subject to collection of... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Son got in a car accident 2 days after we bought the vehicle and is not insured

We recently purchased a used 2016 Ford Mustang for my son for his 18th birthday which is on January 3rd. Until then, I did not want him driving due to him not being insured. 2 Days later, I gave him permission to drive to run some errands and pay some bills for us since me and his mother are away... Read more »

Steven Pate Harrelson
Steven Pate Harrelson answered on Dec 29, 2017

You should check your insurance policy to determine whether he was an excluded driver. It's possible that your insurance will still cover the accident, depending on the insurer. However, it's likely that there's an exclusion for allowing someone to drive the car who is not a licensed driver.... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: I was involved in a car accident today in Louisiana. I do not have insurance but the person who hit me did. What can ido

I know there is a no pay no play law in Louisiana but is there any way I could do something about this?

Steven Pate Harrelson
Steven Pate Harrelson answered on Dec 23, 2017

In Louisiana, the “No-Pay, No Play” law bars uninsured and underinsured drivers from collecting the first $15,000 of bodily injury damages and the first $25,000 of property damages. This means that even if the other driver is at fault, an uninsured driver will have to cover medical costs up to... Read more »

1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Texas on
Q: My vehicle was broken into and they stole the fog lights tires and wheels off of my truck while left at a dodge dealer

The dealer says they are not responsible but I feel that they should be responsible since they had possession of my vehicle

Steven Pate Harrelson
Steven Pate Harrelson answered on Dec 5, 2017

Bailment law in Texas still requires you to show that the dealer was somehow negligent. That means that something they did breached their duty to you as a customer that led to the theft. It may be that they left your car parked in an area that was not secure, it may be that they knew or should've... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: If I wasn’t at fault and the other vehicle I collided with Head on didn't get a ticket either..

Will the driver who caused us to hit head on be responsible? ( he made a right turn in front of me on the

highway from a complete stop in a 55mph speed limit

zone) This caused me to avoid hitting him in the back and

On coming traffic so I exited the hwy

Steven Pate Harrelson
Steven Pate Harrelson answered on Dec 5, 2017

The issuance (or failure of same) has no bearing on liability. However, I’m not sure I understand the sequence of events. If you had to maneuver to avoid the collision with the driver who pulled out in front of you only to collide with another vehicle head on, it will probably require the... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Colorado on
Q: I'm from Texas and got summoned to court for a minor accident while on a vacation in Colorado, do I need to go back ?
Steven Pate Harrelson
Steven Pate Harrelson answered on Nov 24, 2017

You should immediately forward the documents you received to your insurance carrier and confirm that they will timely file a formal response on your behalf. Otherwise, a judgment may be entered against you, and it could be registered in Texas.

2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: Hi I got a ticket I was in a car accident it says it was code C. O. M. V. Can you please tell me what does mean?

And if you get a ticket for C. O. M. V. how much would the ticket be

Steven Pate Harrelson
Steven Pate Harrelson answered on Jun 23, 2017

It's Careless Operation of a Motor Vehicle. You will need to call the clerk with the telephone number listed on the ticket to determine the amount of the fine associated with the citation.

View More Answers

3 Answers | Asked in Car Accidents for Texas on
Q: My boyfriend was rear ended by a man driving a company car he gave ins info and when we called ins co they told us

Policy cancelled. We called owner of co and he told us he would pay to come to the business so they could take pic and then get estimate which he did. Now they are giving him the run around saying he has to take it up with the man driving the car who we can never reach. What are his options

Steven Pate Harrelson
Steven Pate Harrelson answered on Jun 19, 2017

You have several options. First, your boyfriend should put his own insurance company on notice of a potential uninsured motorist claim on his own policy. Second, if the driver was working in the course and scope of his employment, you should put both the driver and the driver's employer on notice... Read more »

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: Is it reasonable (legally speaking) to ask the person driving the motorcycle to pay half of my sister’s medical bills?

My sister (17 years of age) decided to ride on the back of her friend’s motorcycle. I am not sure of his age. He could be 17-19 years old. They had an accident. I don’t think the kid was being negligent. I really don’t know, but he had to brake or turn really quickly to avoid another... Read more »

Steven Pate Harrelson
Steven Pate Harrelson answered on Jun 17, 2017

She needs to file a claim on the motorcycle owner's insurance policy as soon as is practical.

View More Answers

1 Answer | Asked in Car Accidents for Texas on
Q: A person aged 17, lied about the location of a car accident to an insurance claim, Will he/she be charged?

First accident, Panicking, Scared, Shocked, did not want to get in trouble by parents, drove away after hit. But He/She was not the one who hit. He/She drove away after He/She got hit. so a hit and run.

Steven Pate Harrelson
Steven Pate Harrelson answered on Jun 5, 2017

There are two parts to this question: (1) leaving the scene of an accident can range from a misdemeanor to a felony, depending on the degree of damage or injury. (2) Insurance fraud is another issue that may arise. Please be aware that claims made to an insurer are recorded and can be used in a... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: Will anyone take my case?I made a left hand turn and the the driver hit me!Yes, i had a protected green light.

But the straight on coming traffic was clear so I went on a green light. Only to be struck, by this woman, who I never saw while making my turn into the intersection, who was speeding towards me, who didnt even stop or slow down when she struck me, and there where no skid marks on her end. The... Read more »

Steven Pate Harrelson
Steven Pate Harrelson answered on May 2, 2017

An attorney would need to consult with you regarding this collision in addition to reviewing all available documentation: accident report, cost of damages, medical records, etc.

Further, if this occurred in Louisiana, you would need to post this in the Louisiana forum. The limitations...
Read more »

View More Answers

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Can a person be charged with vehicular homicide when they had no drugs are alcohol in them ?
Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 25, 2017

Vehicular homicide requires the killing of a human being while driving with one of six types of alcohol/drug combinations. This can include prescription drugs or other medications (hint: Ambien) if the package contains a warning against driving. See La. Rev. Stat. §14:32.1.

2 Answers | Asked in Car Accidents for Louisiana on
Q: looked but ways at stop sign when I drove along I hit a car I don't have driver license or insurance.

We did not get police report we exchanged info. Do we pay for our own damages.

Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 17, 2017

You will be responsible for your damages and the other driver's damages since you were at fault. The other driver has the option of (a) taking you to court and obtaining a judgment against you, and/or (b) filing a uninsured motorist claim on his/her own insurance. However, his insurer could still... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Arkansas on
Q: if my husband drove my car without license an someone hit him. an i didn't know he was gone am i at fault.

will my car get fixed or do he get prosecuted

Steven Pate Harrelson
Steven Pate Harrelson answered on Apr 13, 2017

Liability will rest with the at-fault driver. That driver's insurance (assuming he has it) should cover your damages. If he/she does not have insurance, then your uninsured motorist policy should cover your damages. Whether your husband was an excluded driver could complicate a claim for... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.