Dallas, TX asked in Car Accidents for Texas

Q: In Texas 12-20-2019 I had a rental car for an extended time because my car was waiting on parts. We were legally stopped

We were rear ended at about 50 mph. I was a passenger and wife was driving. I was injured with severe pre-existing back injury 10 been ated discs from last rear-ended and was listed as inoperable back then!

Girl that hit us was driving mommies car and listed as excluded from policy and was not supposed to be driving car. We were in a rental so waiting for my car to get engine parts. I submitted under uninsured motorist but denied because I was in rental over 30 days.

I am hurt, but can't be fixed due to age and previous injury. Can't afford chiro. Have $13 ER bill, $1,800 damage on rental and $1,000 rescue squad bill.

I have 2 options I am looking at. Could try bad faith against my carrier. Or can I due mommy because daughter did have keys and was driving car. Can I sue mommy?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for two weeks. Are you certain the driver was listed as excluded from policy, or was it that she was not included? Was she in the same household? What you describe is a severe accident if your approximation of speed is accurate. The ER bill was $13, or was it $13,000, which sounds more inline with an impact of that magnitude, between MRIs and other tests. What kind of claims did you file eleven months ago and what were the responses? There are a lot of issues to sort out here. The best short answer for you is to reach out to a Texas personal injury attorney. Let them review the police report, the respective policies, your medical records from the prior accident, among other issues and offer you more meaningful guidance than is possible in the brief format of this Q & A board. Most attorneys who handle such cases offer free initial consults. I hope you and your wife are both okay. Good luck

Tim Akpinar

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