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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Texas on
Q: Can a Plaintiff who’s name and information is incorrect sue me

I had a minor car accident, we exchanged information and took pictures. The served papers does not show “Js” correct name or driver license

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

A Texas attorney could advise best, but your question remains open for a week. In virtually all jurisdictions, if it's clear that it's the correct person, the court could adjust the records and move forward, as in the case of someone using a different spelling of a name, a shortened name,... View More

1 Answer | Asked in Car Accidents for Texas on
Q: sudden airbag deployment gives driver concussion causing driver to over correct into next lane and oncoming traffic

who is responsible

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

It depends. If the airbag suddenly deployed because of a manufacturing defect, the manufacturer of the vehicle would likely be responsible. If the airbag suddenly deployed because of negligence in servicing the airbag, the mechanic servicing the airbag and his employer would likely be... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I live in Texas and was in a car accident. Can I negotiate the $2,000 the other insurance co is offering?

I live in Texas and was in a car accident in Sept. I received info from the other insurance company today that I am not at fault. It was road rage by the 25 y/o female. I'm 65 y/o. I pay out of pocket and then submit to PIP for my doctor visits, MR, x-rays, and PT. The insurance will pay for... View More

James Clifton
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James Clifton
answered on Oct 11, 2024

Compensation for damages arising from an automobile accident is always negotiable. The amount of damages you receive is a combination of medical expenses, physical damage to your body, damages to your vehicle, and pain and suffering. When you are not represented by an attorney, the at-fault... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Can i reject a direct payment that was made using my debit card info from a medical adjuster for personal inuries?

I was involved in an accident in which my vehicle was totaled & the other driver & his insurance company admits fault.

The medical adjuster called me stating he'd cover all medical expenses up to 60 days of the date of the accident. In addition, he asked if he could send $1,000... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More

2 Answers | Asked in Car Accidents for Texas on
Q: Center Lane left turn accident. Who is at fault?

Unit 1 was traveling South bound and was attempting to make a center lane left turn into parking lot but stated he did not see the motorcycle until it was too late causing Unit 2 to collide with the right rear of his car. Unit 2 stated he was traveling North Bound when Unit 1 pulled out to make a... View More

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

The drivers of Unit 1 and Unit 2 are both at fault. The trier of fact will have to allocate the percentage of responsibility between the two drivers after hearing all of the evidence and considering all of the circumstances at the time of the collision.

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3 Answers | Asked in Car Accidents for Texas on
Q: Should my sister get an attorney for my at fault accident?

I have my vehicle under my sister’s name since I got the car under her credit only. She does not drive it, we don’t live together and I pay the bills. She got served for a lawsuit and so did I for an at fault accident. Months after that I get a call from my insurance asking if my sister had... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Addendum - This is not meant to come off as "lecturing." I hope you come through the claim okay. But in the future, avoid this type of arrangement for insuring a vehicle. It is needlessly complicated. You know this too probably, and you were likely in a situation of needing a car but... View More

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3 Answers | Asked in Car Accidents for Texas on
Q: Should my sister get an attorney for my at fault accident?

I have my vehicle under my sister’s name since I got the car under her credit only. She does not drive it, we don’t live together and I pay the bills. She got served for a lawsuit and so did I for an at fault accident. Months after that I get a call from my insurance asking if my sister had... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

As my colleague advises, if she was served with a lawsuit, she should consult with an attorney. She should also request from the carrier its position on its coverage of the accident. Different carriers might treat the situation you describe differently, depending on their policy and exclusions. But... View More

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1 Answer | Asked in Car Accidents for Texas on
Q: Can I be sued for my house or car if I hit a car in a semi truck r

I was at fault but no one was hurt and the bodydamage was on the rear corner of the car

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A Texas attorney could advise best, but your question remains open for a week. It could depend on whether you are independent or you are employed by a trucking company. If you are employed by a trucking company, there should be a commercial policy with enough excess to cover a PD claim - and bodily... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I was in a car rental when it caught on fire no injuries or burns.

I’m in contact with a ford legal analyst and they wanna settle but I feel like that’s not enough for what we loss in car. Also car has recalls

John Michael Frick
John Michael Frick
answered on Jul 30, 2024

If you believe the settlement being offered isn't enough, you should hire a personal injury attorney in or near the county where you rented the car or where the fire occurred. Many such attorneys accept cases of this nature on a contingency fee (1/3 or 40% is common depending on the amount of... View More

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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Natasha S. Walker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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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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 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

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

You may be able to do small claims, depending on the PD figure and the limit in Texas small claims. I hope your wife is okay. Since the claim does not appear to involve bodily injury, you could decide if the size of the property damage claim justifies having an expert look at the film to offer an... 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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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

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

The best way to answer your question is to check the retainer you have with your attorney. Attorney fees are usually a percentage in personal injury cases. Nationwide, one-third is commonly used by many firms, with some charging a higher percentage if a matter is placed into suit. You mention that... 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

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