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Texas Car Accidents Questions & Answers
1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: Police say I'm at fault for wreck an gave a failure to yield the right away ticket. What do I do?

I was pulling into my driveway when I was hit on my right side by a truck. My car is totaled. Truck had no damage. The speed limit was 45 mph and the skid marks from the accident were 70 ft at least.

John Michael Frick
John Michael Frick
answered on May 22, 2023

Take pictures of the skid marks. Put a level on the surface of the road to measure the slope.

With respect to the traffic ticket, plead not guilty and request a trial.

With respect to the car accident, turn in a claim to your insurance and make a claim against the other...
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1 Answer | Asked in Car Accidents for Texas on
Q: Legal liability of at-fault driver in a fender-bender in a vehicle without insurance coverage at the time of accident?

I was recently in a minor car accident when I couldn’t skidded and couldn’t stop in time when coming to a line of cars at a red light. The car I hit then hit the car in front of her, who then hit the car in front of them. No injuries, no airbags deployed, just minor cosmetic damage for all 3... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2023

A Texas attorney could advise best, but your question remains open for three weeks. I'm sorry about your accident. I hope you and everyone involved are okay. As a general matter nationwide, such chain reaction impacts with a line of stationary cars are usually attributed to the moving car that... Read more »

1 Answer | Asked in Small Claims and Car Accidents for Texas on
Q: Who has to pay for my stolen tires?

My car was at the repair shop due to an accident from an insurance claim. While there the fence was cut and my car along with three others had their tires stolen. I am being told to contact my insurance and file a claim so that the repair shop can pay the deductible. I do not understand why my... Read more »

John Michael Frick
John Michael Frick
answered on Apr 25, 2023

Most vehicle owners maintain a type of coverage called comprehensive coverage to insure their vehicle against things like theft and vandalism.

This is particularly useful when the perpetrators of theft or vandalism are unknown.

Since a repair shop or parking garage or shopping...
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2 Answers | Asked in Insurance Bad Faith, Small Claims and Car Accidents for Texas on
Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault

In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!

other party claimed couldn't speak English and Police... Read more »

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.

Our JP courts have jurisdiction up to $20,000. If the damage to...
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1 Answer | Asked in Car Accidents for Texas on
Q: Can I sue if the person at fault in accident provided expired insurance coverage?

I was in an accident, the person provided ID & insurance info but at the moment I was still in shock my children were with me so I never noticed that his policy was expired. I called my insurance and asked why I’m stuck paying a deductible and I was told that the person didn’t have... Read more »

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

You can sue a person with whom you have a collision regardless of whether they provided expired insurance coverage.

Their insurance coverage protects them in the event your lawsuit against them is successful. Whatever judgment you obtain against them will be paid by their insurance company...
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1 Answer | Asked in Car Accidents for Texas on
Q: Can insurance company accept responsibility for property damage and deny injury claim stating i was at fault

This was after i was rearended

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Yes, of course. This logically can happen for instance if you were not properly wearing your seat belt. The property damage to your car might have been caused by the other driver rear ending you. But your personal injuries might have been caused by your failure to properly wear your seat belt.... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... Read more »

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 26, 2023

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... Read more »

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not...
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2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: If I’m involved in a personal injury lawsuit can the check effect my social security disability payments?

My attorney refuses to cut me a check after years stating it would affect my disability social security. Is this true?

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

A personal injury settlement can, but does not necessarily, affect your social security disability payments. If a portion of the settlement is for lost wages, it can affect the amount of your payments. If the settlement is for past and future medical expenses, pain & suffering, property... Read more »

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1 Answer | Asked in Car Accidents for Texas on
Q: If the other driver at fault insurance was valid during accident but has expired is their insurance still liable ?

The accident was October 30 2022 we made the initial calm same day . But has been 3 months and over 25 attempts and 9-12 voicemails 4 months later we finally get a answer and they say his insurance expired January 23 2023 and that we would have to go through our insurance under uninsured motorists.

John Michael Frick
John Michael Frick
answered on Feb 15, 2023

Automobile liability insurance is an occurrence policy, not a claims made policy.

As long as his insurance was in force on the day of the accident, the other driver can seek indemnity under it.

You should have your attorney file suit, serve the other driver, and put the other...
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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Family visiting operating all terrain vehicle under influence injury on property. Home owners not driving. Whose liable
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

The answer depends on what caused the injury. If there was an unmarked dangerous condition on the land, the owner could be liable. If the intoxicated driver carelessly drove into an obviously visible tree, it’s likely the driver is liable.

Everything depends on the specific facts and...
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1 Answer | Asked in Car Accidents for Texas on
Q: I was at fault in a car accident and have great insurance. Still worried about being sued.
John Michael Frick
John Michael Frick
answered on Jan 6, 2023

If you are sued, immediately notify your insurance company, send them the petition containing the lawsuit, and request a defense.

The insurance company will hire an attorney to defend you who will contact you.

1 Answer | Asked in Car Accidents for Texas on
Q: I am currently working with a Personal Injury attorney

they have already agreed to settlements with 3rd party and UIM although I am still actively receiving medical treatment. I feel they are trying to rush the case since they know their amounts are maxed and can not get any further funds however they want to split the leftover evenly. my medical bills... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2022

A Texas attorney could advise best, but your question remains open for two weeks. It may be hard to get meaningful guidance for something like this on a public forum. Aside from the fact that an attorney is actively representing you, this is a highly complex case involving UIM coverage, multiple... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: Can an auto insurance agency deny a claim because I would not provide cell phone records unreasonably?

My two adult sons were in an accident with each other. They're covered under my policy. Fault is clear, 1 rear-ended the other. Police came. No tickets. No injuries. Straight forward.

I was not involved nor did I know about the accident for a few days. I told the insurance that when I... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2022

A Texas attorney could advise best, but your question remains open for two weeks. It's possible that both vehicles in the accident being from the same family raised red flags. You could consult with an attorney to review the file. The carrier could be building evidence for a denial, they could... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: My brother was killed in a rollover accident and the towing company released his property to his ex girlfriend

The towing company released all of his property including his car keys that had his safe keys on them. She stole everything my brother owned and refused to give us anything of his! She told the towing company she was his wife and that's a lie he was never married and they had broke up l! They... Read more »

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

First of all, any complaints or concerns you have about a towing company can typically be made to the Texas Department of Licensing & Regulation at towing@license.state.tx.us of (800) 803-9202.

Typically, the vehicle itself can only be released to the registered owner of the vehicle or...
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1 Answer | Asked in Car Accidents for Texas on
Q: Was wrongly towed and had to pay $166 to get my car back. I think it's a scam. What should I do?

Got towed from my apt complex at 3am last night. The company said I did not have a resident sticker and was not parked in visitors. I do have one. It's on the back left windshield. In the picture that the apt front office showed me you can't see it, but anybody with eyes can see it in... Read more »

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It sounds more like a misunderstanding than a scam. But if it’s only $166, I would suggest you ask for another parking sticker and put it in a highly visible place on your car’s front windshield.

1 Answer | Asked in Insurance Defense, Car Accidents and Personal Injury for Texas on
Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?

My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway).

We are on the same auto-insurance... Read more »

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired.

There is no way to judge the settlement offer without knowing this information.

1 Answer | Asked in Car Accidents for Texas on
Q: My daughter was in a car wreck guy had no insurance. Anything we can do to get her car paid and hospital bill paid
John Michael Frick
John Michael Frick
answered on Oct 12, 2022

Yes. Your daughter can sue the guy who caused the accident. Since that guy has no insurance, your daughter can also sue her own car insurance company under her Uninsured/Underinsured Motorist coverage. This is precisely the situation that coverage is designed to protect your daughter against.... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can a accident cause a enlarged heart
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

Your question remains open for a week, but it is something that a doctor would be qualified to advise on, not an attorney. There are accidents involving impact with the steering wheel, and one doesn't need to be a doctor to appreciate the consequences of trauma to the upper chest and what lies... Read more »

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