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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Texas on
Q: I was charged with manslaughter about 6 months ago and have not been indicted. How long do they have? I am out on bond.
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is no statute of limitations in Texas for manslaughter. They can indict you at any time.

3 Answers | Asked in Car Accidents for Texas on
Q: Can a motion to settle be filed in a bus accident case.
John Michael Frick
John Michael Frick
answered on Jun 25, 2024

What is a "motion to settle"?

Perhaps you mean a motion to dismiss pursuant to the terms of a settlement agreement?

The parties to a case can always settle. In fact, most cases end in settlement between the parties. Sometimes, mediation is used as an ADR method to...
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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can I seek more compensation after verbally accepting a settlement offer?

I was on a test drive in a car and someone pulled out infront of me . Their insurance has accepted full liability. They called and made me an offer to settle. I accepted verbally but have yet to sign anything. Can I rescind the offer and seek more compensation even though I did agree verbally?... View More

Natasha S. Walker
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answered on Jun 25, 2024

It is possible that you could withdraw your acceptance, but it depends on several factors. How much time had passed between the time the incident occurred and the time the offer was made to you? Were you injured as a result of their insured driver, and if so, did you or were you seeking the... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of... View More

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

An insurance company does not make "rulings." Its position may be that your wife is 50% responsible, but that is not a "ruling." If the amount in controversy is less than $20,000, you can sue the other driver in small claims court to secure a court ruling allocating the... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I live in TX and was injured in a car accident. Insurance is paying 50000. How much can my attorney take? And his Dr's?

There was no trial or anything however they have been denying me treatment since March. My neck and back are seriously hurt. I am only 42 and I dont trust my attorney, even though he got policy limits. I will have to live on this and pursue a personal claim which he won't do. I am now... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Generally speaking, a PI attorney can suggest doctor referrals to a client but those doctors are the client's doctors, not the attorney's doctors. PI attorneys sometimes do so because those doctors will accept letters of protection (LOPs) pursuant to which they will provide treatment to... View More

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1 Answer | Asked in Small Claims, Car Accidents and Personal Injury for Texas on
Q: Can a lawyer change the settlement amounts based on the policy holder requesting an even split amongst passengers?

Three passengers injured in car accident. Insurance pays the 60k limit. Policyholder now upset that the other passengers are getting a bigger settlement based on their injuries. So policyholder now requests an even split amongst passengers no matter the extent of their injuries or medical... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... View More

3 Answers | Asked in Car Accidents for Texas on
Q: Need advice on an accident from 2 years ago.

Got in an accident about 2 years where I hit a motorcyclist when I was turning right into a parking lot from a median. He said he was fine after the incident but and left before the cops were called. Insurance paid him money after the fact and now 2 years later he is filing for bodily harm. Just... View More

John Michael Frick
John Michael Frick
answered on May 16, 2024

If you had motor vehicle liability insurance at the time of the collision, you need to tender the lawsuit to you insurance company and request that it defend you in the lawsuit.

If you did not have insurance at the time, you need to promptly hire an attorney to timely file an answer on your...
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3 Answers | Asked in Car Accidents for Texas on
Q: Back in March I had an accident in the company vehicle and the other driver has filed a suit against me and the company

I was served court papers last Wednesday and it says I have 20 days to respond do I need legal counsel and how much would it cost

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

If you or the company have insurance, you should immediately make a claim, send a copy of the suit that has been filed against you to the insurance company, and ask the insurance company to defend you.

If you do not have available insurance coverage, you likely need an attorney to defend...
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1 Answer | Asked in Car Accidents for Texas on
Q: This is regarding my auto collision claim with my Insurance Provider.

This is regarding my auto collision claim with my Insurance Provider.

On 02/21/24, my Toyota RAV4 hit a deer and caused major damage to my car. My insurance provider is Geico.

I have been advised to take my car to the "Geico Express Facility" Body Shop. I left my car... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

I would ascertain what part is "on order," when it was ordered, and where it is coming from. If the part is genuinely "on order," it is unlikely you have a claim against GEICO or the body shop as it is not their fault that the part needed to repair your vehicle has not yet... View More

1 Answer | Asked in Car Accidents for Texas on
Q: A civil citation states we were negligent owners in an accident, but we sold the vehicle. How can we be removed?

We have the bill of sale and registered the sale with the DMV. How can we go about being removed as defendants in this case? Case is in Harris County, Texas

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Ask the lawyer defending you in the accident case to file a traditional motion for summary judgment asserting that you were not the owners of the vehicle at the time of the accident. You can attach the bill of sale and registration as summary judgment evidence.

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

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