New Braunfels, TX asked in Car Accidents, Insurance Defense and Personal Injury for Texas

Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days later I got a phone call that they in fact where not going to cover the accident rude to lapse in coverage. Had insurance Reestablished but the accident day was lapsed. I received a court order for a law suit for an I injury claim car repairs. My husband was driving and the truck is in the names of myself and my mom. They are suing my mom and my husband. My mom for letting him drive

And him because of the accident. Well Monday evening my husband was riding with his cousin and tragically killed in an automobile accident. Is there a chance it could be dismissed or transferred out of my moms name. She didn’t have anything to do with allowing my husband use the vehicle like they say I did

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

A: A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions, claimants will pursue the operator and the owner of a vehicle. You and your mother could reach out to local attorneys to review the paperwork each of you received, as well as the circumstances surrounding the insurance company's denial - is it based on a lapse of coverage or other reasons? That distinction is important. Good luck

Tim Akpinar

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