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Texas Car Accidents Questions & Answers
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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1 Answer | Asked in Car Accidents for Texas on
Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty

My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

It depends on the terms and conditions of the insurance policy, which are construed against the insurer.

I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for...
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1 Answer | Asked in Car Accidents, Landlord - Tenant and Civil Litigation for Texas on
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?

I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.

Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you...
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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

2 Answers | Asked in Car Accidents for Texas on
Q: I want to know who’s fault is it if my car catches fire on a business parking lot due to mulch/dirt.

I backed my car as I have at a grocery store more than 5000 times where they have trees planted with mulch. I’ve been living near this store and have done this same thing/parking for 12yrs, and it has never caught fire, so I’m not sure why it did this time.

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

Without knowing exactly how your car caught fire, it is difficult to determine if anyone other than you yourself could be “at fault.” You should hire a fire investigator experienced with motor vehicle fires to try to determine the exact mechanism that caused the fire to ignite. Then go from... View More

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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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1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Texas on
Q: I was a victim of a car crash and received a subpoena for a DUI case filed by state of maryland vs other driver.

Was that letter for me or just a notice of the case filed against the other driver?

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

No one in this forum can comment on a letter they haven't seen. Take the document to an attorney for review. Good luck.

1 Answer | Asked in Car Accidents for Texas on
Q: Hello I got in traffic accident 19 years ago and on website it states SR SUSPENSION - ACCIDENT can I ever get my license

Traffic accident SR SUSPENSION - ACCIDENT start date says April 2006 end dates says the year 12/31/9999

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

Yes. Get a new SR-22 (a form for a type of liability insurance), pay any judgment entered against you for damages occurring in the accident, and pay $100 reinstatement fee.

1 Answer | Asked in Car Accidents for Texas on
Q: Can an officer write a crash report saying I ran a red light if no officers were on the scene until 10 minutes passed?

An officer in Addison TX wrote a crash report saying I ran a red light when there were no officers or EMT workers on the scene for 10 minutes and there are no cameras at this intersection.

Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes. But you should not get a ticket and that opinion would not be binding in court.

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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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I was wondering what happens when an at fault insurer cancels their policy in the middle of a claim.

I called the at fault insurer and they said they can’t proceed my claim because they’re investigating the insurer’s coverage issue. What does this mean? Are there any next steps?

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

Insurance cancelling after the incident occurs generally does not cancel the coverage for the incident.

What the insurer means is that the insured might not have had coverage at the time of the incident. This could be sue to failure to pay premiums or other violations of the insurance policy.

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2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for Texas on
Q: Question on attorney-client privilege vs ethics in regards to knowledge of a clients for someone's death in a dui charge

My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

It is protected by the attorney client privilege. The paralegal is in violation of her duties and the attorney is in violation of his ethical obligations because of what the paralegal did.

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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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