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Texas Car Accidents Questions & Answers
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

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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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 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

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for the ordeal resulting from your accident. You could look into whether it's possible to line up a free initial consult. Your brief post doesn't mention injuries. Whether your matter involves property damages only, or property damages and bodily injury, that could make a... 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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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

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Here's my 2 cents----whether you hire a lawyer to represent you is your decision, however if you are considering litigation--filing a lawsuit----then I recommend that you at least consult with a lawyer about this and get an opinion from him if he recommends that you pursue this matter, as well... 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 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

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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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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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

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

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