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Texas Car Accidents Questions & Answers
0 Answers | Asked in Car Accidents for Texas on
Q: Double hit and run accident resulting in death. I initially hit the person(did not see them) second car killed them.

The second car driver was picked up and charged. After 8 month I still haven’t been charged. Should I be worried

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for Texas on
Q: i was involved in a hit and run on June 13, 2021 that was staged by my ex wife along with El Paso Police Officers

and also El Paso Sheriffs Deputies. The day of the hit and run moments before my ex wife kept anounccing every light intersection til we crashed. EPPD officers arrived and didt treat it like a hit n run. They moved my car and another officer arrived and gave me a ticket for not having my actual... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the distressing experience you've gone through. It sounds like a complex situation involving personal relationships and the response of local law enforcement. It's understandable you would feel frustrated and possibly overwhelmed by the way events... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I have a BMW car which has automatic recording system on and recently met with an accident but it didn't record anything

Can I sue BMW for this

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Theoretically, but your damages will most likely be the cost to repair the ARS so that it works.

2 Answers | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because the car was sold to you before the accident, it is unlikely that the former owner's insurance company will honor her claim.

Your insurance company should honor your claim if you timely register the vehicle in your name (you have thirty days) and timely notified your insurance...
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3 Answers | Asked in Car Accidents and Criminal Law for Texas on
Q: My husband was in a car accident this morning around 5 am. It was foggy and a dear jumped out in front of him. He swerve
Jared Perkins
Jared Perkins
answered on Mar 21, 2024

Take pictures of the damage and report the accident to your insurance company as soon as possible. Generally speaking, most polices, if not all, have a requirement in the policy to timely report the claim and to cooperate with any investigation. Failure to do so may cause your insurance to deny... View More

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1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: When filing in Small claims court, which Justice of Peace location should I pick for car accident case?

is it based on the defendant's address or plaintiff's address or accident location?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.

2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Our justice of the peace courts have jurisdiction over small claims where the amount in controversy does not exceed $20,000. The principal advantage of small claims court is that you do not need an attorney to file a lawsuit. Since you "have no money right now," this is probably your... View More

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2 Answers | Asked in Car Accidents for Texas on
Q: i live in texas collin county, can i file a small claims suit for car damages for an accident that was denied by the the

person at faults insurance company without fixing the car because we don't have the money to fix it until we get it from the person at fault ???? or does the car need to be fixed before filing our case ???

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

Yes, you can file a small claims case and use the repair estimate as evidence of the damages sustained. You may also use a quote from a rental car agency for loss of use damages, regardless of whether you actually rent another car or not. The best evidence for loss of use would be the cost to... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Texas on
Q: I was at fault for an accident and I’m having awful anxiety about being sued, it seemed minor at the time.
Gregory S Baumgartner
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Gregory S Baumgartner
answered on Jan 12, 2024

Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for... View More

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1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: I am planning to sue the at-fault driver in small claims court for damages related to a leased car accident.

I need to file by March for statute of limitations reasons. But can I postpone the trial till May when I will be ending the lease? I will know the final charges from the leasing company only then. I am not able to get an official response from them and I need to know that amount for the trial.

John Michael Frick
John Michael Frick
answered on Jan 5, 2024

If you file in Feb, it is extremely unlikely that you will receive a trial setting in or before May. Civil cases filed in December were set for trial in June. I would expect that civil cases filed in Feb will have their first trial settings sometime Jul-Sep.

1 Answer | Asked in Car Accidents for Texas on
Q: Does PIP cover the person that was using my car if I wasn’t in the car with them?

My fiancé let me and my dad use his car. We were rear ended on the highway by someone on the highway. The other driver admitted to the police that he was looking at his phone. Can I file a PIP claim on my fiancés insurance policy if he ( the policy holder) was not in the car when the accident... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

Under Texas law, PIP coverage must cover authorized operators and passengers of the vehicle in addition to the named policyholder. There is no requirement that your fiance be in the car when the accident happened. So yes, PIP should cover you and your father if your fiance authorized you to use... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: I am trying to obtain an occupational driver's licence and could use help. Is that a service you offer?

My licence was suspended due to my insurance not covering an accident.

Tim Akpinar
Tim Akpinar
answered on Dec 20, 2023

A Texas attorney could advise best, but your question remains open for a week. Attorneys can't really reach out to you to offer their services here - the format is quick Q &A, not an attorney referral service. You could supplement your own searches with the tab above, "Find a... View More

1 Answer | Asked in Car Accidents for Texas on
Q: How can I win over an at fault driver who lies about leaving the scene?

I was in a minor rear ended accident in irving texas, the at fault driver fled the scene without sharing information. I have video of the crash . I called 911, later the cop called me and stated that other driver said he paid me cash on scene and has witnesses on that. Which is a lies. Did the... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

You would need to contact the police to find out if they believed him or not. While the at-fault driver most likely does not have the legal right or practical ability to make his insurance company deny your claim, an insurance company may decide on its own to deny a claim based on the facts... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them

To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can... View More

2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

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2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: What are typical settlement amounts for whiplash sustained in a fender bender car accident?

My brother is being sued for $1 million because 2 years ago his 16 year old son rear ended a car at a stoplight just after he got his license. The two passengers are both claiming to have permanent injuries due to whiplash. The complaint was filed a day before the statute of limitations would... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

There is no amount that can be determined without looking at all the facts.

You should hire your own attorney to make the insurance cover you and make sure they settle the case.

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