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Texas Car Accidents Questions & Answers
1 Answer | Asked in Animal / Dog Law, Car Accidents and Small Claims for Texas on
Q: I hit a dog that ran in front of me on the road and my car is damaged,the person told me they've got no homeowners/

Rental insurance cause they're renting from a relative, I had no way to avoid the dog, is it worth going after the person to get my $501 deductible back I'm having to pay for my insurance to fix my car?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

It's up to you. Understand if you get a judgment and they have no money, then you have to chase them for that.However, if your car insurance goes after them they should give you back the deductible.

1 Answer | Asked in Car Accidents for Texas on
Q: by law am I required to show the receipt on how much I paid to have my car fix to the person that hit my car? I'm in TX

The girl that hit our truck was uninsured. Now to pay for the damages she is demanding a copy of the receipt of the place that fix it.

By law do I have to show or give her a copy of that receipt?

Thank you for your time.

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

If it was fixed yes, she has a right to see the bill. If it wasn't fixed she has a right to see an estimate. If you were hurt you may have an uninsured motorist claim so contact a member of the Texas Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

1 Answer | Asked in Car Accidents and Traffic Tickets for Texas on
Q: got a ticket through mail when had an accident but no officers arrived. No one witnessed it. But now a warrant

How can fight this?, County also tried to charge me leaving the scene but statue of limitations played for the county and could no longer attempt to charge me. Although because it had lingered about the ticket and accident I was taken in in another city of Castle Hills in San Antonio for felony... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

You will most likely be required to hire a lawyer to help sort that out because several issues are involved. Is the SOL still in play with respect to the citation received in the mail? If the citation is from the same incident the SOL should also apply. You should consult with a lawyer, many give... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Collections for Texas on
Q: Hi, I am 17 years old. Debt collectors contacted me today saying I needed to pay off a debt. Is charging a minor legal?

I bumped into an ATT company vehicle 6 months back. My grandfather’s name was on the vehicle and he cancelled the insurance without telling me, so I thought I was driving an insured vehicle. I received a bill in my name for nearly $2,500 a month after the accident and contacted ATT but never got... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

They may not be able to collect now but can later. Did you or your parents have insurance? That may cover this.

1 Answer | Asked in Car Accidents for Texas on
Q: i was turning left from a small business into a median, it was a 5 line road including the middle lane as a median.

i was given the right of way by the two immediate oncoming lanes. as i processed into the median and i started the turn into the median i was hit by a car travelling straight in the median. the other driver had no license. im being put at fault for failure to yield is that correct?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Depends on circumstances. They didn't come out of nowhere, but if you had begun your passage and they were going to enter the median and could see you they should have yielded to you. However if they were already there, you had to watch out for them.

I'd plead not guilty if cited, and...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Is there a time limit on when u can take someone to court after a car accident?

I was pregnant and incarcerated in Tx on my way to a doctors appointment when the escorting officer wrecked. When the police came on the scene the officer had lied being one situation. The entire cause of the accident was put off on the elderly woman behind us. Which wasnt true. The officer... Read more »

Grant Gerleman
Grant Gerleman answered on Jan 1, 2020

Unfortunately the statute of limitations for negligence claims is 2 years. Claims against a Texas governmental entity also have special notice provisions. If you are past the two year time-frame, then it is likely that your claims would be barred.

1 Answer | Asked in Car Accidents for Texas on
Q: daughters friend totaled her car. Gap won’t pay bc she didn’t have a license. Who’s responsible?

They argued over whether she had permission to take it or not. Either way, we’re the vehicle owner. The car was totaled. Insurance paid but gap insurance wouldn’t pay because the girl didn’t have a license.

Robert C. Slim
Robert C. Slim answered on Dec 22, 2019

I recommend you get a copy of your GAP policy and see if that is a valid exclusion for coverage.

4 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I’m a foreign national who got into a car crash. I’m at fault. I don’t have any property in United States.

What if I get sued? If I plan to return to my country can I use that in the settlement?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

If you have insurance the insurance will take care of it. If not, saying you'll return and trying to get out of it may generate a call from the person to the authorities which is no problem if your visa is valid but if you have overstayed........

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2 Answers | Asked in Car Accidents for Texas on
Q: Who would be at fault if someone was parked on the side of the road and opened their door as a vehicle was passing

The door was ripped off as the vehicle was passing.

Anwar Sadat Montgomery
Anwar Sadat Montgomery answered on Nov 11, 2019

Most-likely the door opener. He or she generally has a duty to first check for approaching traffic--whether that be a vehicle or even a cyclist--if the door would open into a lane of travel.

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1 Answer | Asked in Car Accidents for Texas on
Q: does legal aid help with auto insurance claims?

I was involved in car accident where someone hit me in a parking lot. Auto insurance of the insured only wants to pay 70% of this claim, This accident is not my fault.

Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

You could check with them, but they appear to focus their services on other areas - evictions, foreclosures, arrests, bail, deportation - situations that tend to involve hardship. Good luck

Tim Akpinar

4 Answers | Asked in Car Accidents for Texas on
Q: My parents were in a car accident about four months ago with an 18 wheeler can my parents sue? 18 Wheeler’s fault

Their police report came back saying that that it was the 18 wheeler’s fault my parents vehicle is now totaled I’m now putting them in a financial burden

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 12, 2019

The law has certain time limitations involving accident cases. You should pursue an action against the driver and the company the driver works for. Feel free to contact us to assist you as soon as possible to get the case resolved as soon as possible. We can handle cases all over the state.... Read more »

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: How can I find about out of court settlement on a wrongful death case that happened thirty years ago?

we need to get hold of the case file on a thirty year old out of court settlement on a wrongful death case. All I have is the name of the deceased. Could someone please point me in the right direction as to where I start? hank you.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

That's going back quite a way. A Texas attorney is really the one who would know about navigation through the Texas court system in terms of retrieving records. But your question remains open for a month. As a general practice in most unified court systems, one could check if any records come up... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: If I am sued after a car accident but have no money, what happens

I dont own anything. The only money I get is widows benefits and workmans compensation

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

If you had insurance at the time that would cover you. If you are concerned, you can file for bankruptcy. If you were not at fault you may have a claim.

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on
Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
Read more »

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1 Answer | Asked in Criminal Law and Car Accidents for Texas on
Q: Charged with aggravated assault with deadly weapon (vehicle )

So I got into a fight with another individual who gave “ consent “ something like mutual combat I have proof of the consent through text message. He texted my ex telling her to bring me to the house so he could “ give me them hands “ So as we began to fight 2 other individuals jumped in and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2019

This question is marked TEXAS so my answer below is based on Texas law. It appears that the question was asked in Georgia... if the alleged crime happened in Georgia then stop reading now because nothing below will help you.

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There is no need to go down the CONSENT rabbit...
Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: Is it too late to sue for damage?

My vehicle was totaled last year while parked at a tire shop, the driver involved allegedly fell asleep while driving. He totaled my car and some other vehicles that was parked. The driver does not have an insurance and not listed in his parent's car. My car was in pristine condition & was fully... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

I believe the statute of limitations for damage to property is two years. Contact your insurance because they may sue him in "subrogation,"

and would include an amount that covers your deductible.

But first I'd ask him to pay you and see if he agrees. If not you can report that to...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Hit & run accident, other driver had no insurance, he hasn't been caught yet. My car was totaled, what can I do?

I was involved in a hit and run accident. We were able to get the license plate # from a witness but the police haven't been able to find him yet. The license plate shows no insurance on that vehicle. My car was totaled. My uninsured motorist insurance is paying but I still have to buy a new... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jul 25, 2019

We handle cases like these but only if you are injured. If you are injured give us a call and we can explain the process and options after obtaining additional info from you. 888-343-4529.

1 Answer | Asked in Car Accidents and Employment Law for Texas on
Q: I worked for car dealer and they let me use the cars in the lot. On Sunday I got hit, little damage

on the right front fender (I was not a the scene,found it like that). I got fired and now he wants to withhold my commission from a two car sales last week? If this is legal, how can I make sure he is not overcharging for the repair and adding extras to the damage?

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

Contact a member of the Texas Trial Lawyers Assn who handles employment matters. It's not legal to withhold pay. If the fender damage was not your fault tell him his dealer insurance should cover.

If fired you can collect unemployment as you would contest his saying it's for "good cause"...
Read more »

2 Answers | Asked in Car Accidents for Texas on
Q: Is there one honest attorney out there who will take my accident case, that has been in court filings for over 2 years?

I am very disappointed in the legal system, at this time. I know there are some good attorneys out there, but I only find the bad ones. Three generations of my family were badly injured in an accident over 4 years ago, and several lawyers have tossed the case around, then handed it back to us. We... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 6, 2019

Houston has many excellent and honest attorneys, and I've worked with some of them on maritime and other cases. Your fundamental problem may not be finding an honest attorney - there is no shortage of fine attorneys in Houston. You mention going through several attorneys in a case that appears to... Read more »

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