Lawyers, Answer Questions  & Get Points Log In
Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Civil Litigation for Texas on
Q: In a parking lot fender bender,do I sue 18 year old driver or his parents,owners of car?
Ard Ardalan
Ard Ardalan answered on Nov 16, 2021

You may need to open an insurance claim first. Open a claim with the parents' insurance company. For a lawsuit, you will need to get a lawyer involved to get the most out of the case. At 18, the driver is no longer a minor and may be sued personally. If his parents negligently entrusted the... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Can a pro se case be save/re-energized by a Lawyer

My treatment and facts given in the 5th circuit court Amarillo

Division were totally ignored. Plus i knew of no case law tu associate with my case just State Statues.

Tim Akpinar
Tim Akpinar answered on Oct 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks. It isn't fully clear what happened here or what is meant by "saving/re-energizing" a case. One option is to see if it's possible to arrange a free initial consult to look at the file and advise of... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I was recently involved in an auto accident, I was hit by someone who ran a red light, then a few seconds later I was ht

Again. The issue is I had a witness 2 actually ,who spoke to officer but officer did not include their statement on report as he said he did. So I am being blamed for everything. I ended up with a crushed wrist,had a plate and 8 screws put in,still have a broke bone that was found while doing... Read more »

Rick  Davis
Rick Davis answered on Oct 10, 2021

You need to call your own automobile liability insurance carrier. They will provide a defense for you. After you do that, you can hire a plaintiff's lawyer to assert your claims for you.

1 Answer | Asked in Car Accidents for Texas on
Q: Why would a settlement from an auto accident, not caused by me, have the medical bills deducted from the amount?

It was a year ago. I had to hire an attorney after realizing this couldn't be handled with just insurance companies. My car was totalled, I haven't had a car since, for some reason my GAP Ins would pay in full so now I owe Ford more money each month, I have medical bills from the... Read more »

Ard Ardalan
Ard Ardalan answered on Oct 6, 2021

You should contact your attorney to have him/her explain every settlement deduction, as deducting medical costs is normal practice in personal injury settlements. The medical bills were likely used to prove up your case and that is one of the types of damages that was recovered. The medical bills... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I was driving my friends car and hit another car that ended up killing someone and now I’m being sued do I need a lawyer
Ard Ardalan
Ard Ardalan answered on Oct 6, 2021

You need to contact: (1) your insurance company, (2) your friend's insurance company, and (3) avoid speaking with anyone else about the case or posting about it on the internet. Either your insurance or your friend's will provide you with an attorney.

Disclaimer: I am not your...
Read more »

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Texas on
Q: I was at fault for an accident in the time my insurance lapsed. Now the other person's lawyer is asking for compensation

I recently moved and my insurance sent a letter to my old house saying that my policy was going to end soon. I didnt know this since I was at a new house and they didnt call nor email. During my accident I didnt stop in time at a stop light and rearended the person in front of me. I got cited for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Contact an attorney in whatever state you moved from who can tell you what the law is on cancellations. Save the paperwork you got that was forwarded. Postmarks are key--sometimes, insurance companies being cheap, they hold their mail for a few days for a bulk rate. That means if the letter was... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: How do I make insurance pay for a rental car?

I was in a multiple car collision and was not found at fault. The at fault insurance is refusing to pay for my rental car while parts are on backorder. They say they only pay for rental car while the car is actively being repaired. However with the missing parts the car is undriveable. I'm... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

First, look for a better rental deal. Secondly, get them to put in writing that they only cover it while the car is being "actively repaired." Get a letter from the dealer saying they are ready to repair except waiting for parts. Send that to them. Then contact the Consumer division of... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions,... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: i wasnt given any issurance information from the other person nor the cop when i feel as if the other party who hit my

vehicle actually were over the speed limit on the road and i could of made my turn if he was going the speed limit since i was already turning and about half way in the turn when he hit the breaks and swerved side to side and then hit my truck on the side which spun my 2001 chevy silverado 4x4 2500... Read more »

Doug Goyen
Doug Goyen answered on Sep 3, 2021

1. First, it does not matter who was at fault in an auto accident, you are entitled to get the identification and insurance information of any other drivers involved in your auto accident. The law in Texas is that drivers are required to exchange this information - regardless of who the police feel... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: I got into an accident and the other driver took my license is that legal
Doug Goyen
Doug Goyen answered on Sep 3, 2021

If they physically kept your drivers license and did not give it back, then no - they should not keep your license. Both parties involved in an auto accident are required to exchange their identification information and insurance information - regardless of who is "at fault".... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: How do I answer a lawsuit? I am being sued for an accident but my insurance company has settled with the plaintiff.
Katie Marie Charleston
Katie Marie Charleston answered on Aug 9, 2021

Were you served after the settlement? You should contact your insurance company and find out what happened so that you can be prepared for whatever additional case has been filed. If you have not been served and the case has settled, the insurance company should ensure the lawsuit is dismissed for... Read more »

View More Answers

2 Answers | Asked in Products Liability and Car Accidents for Texas on
Q: I was driving someone else's car and another vehicle hit me behind
Tim Akpinar
Tim Akpinar answered on Jul 31, 2021

A Texas attorney could advise best, but your post remains open for a week. There was not a question included in the post, but you might be wondering about your rights here? I hope you weren't injured, but if you were, you could reach out to attorneys to discuss in greater detail. Most... Read more »

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: If pain and suffering, injuries etc exceed the policy limit of the at fault persons insurance. What can I do?

Can I still sue the insurance company for more money?

Randy Sorrels
Randy Sorrels answered on Jun 25, 2021

Typically, you cannot sue the insurance company for more than their insurance policy limits. There are one or two exceptions, but unless you have made a demand for the insurance policy limits (with a whole bunch of provisions in it), then you are probably limited to the insurance money. You can... Read more »

View More Answers

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... Read more »

Doug Goyen
Doug Goyen answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Can someone sue me if my sister(she was unlicensed) was the one who caused a accident in a car/ins under my name?

I received a demand for payment letter stating that i was liable for a car accident i wasn't even involved with my sister was the one driving the car, my insurance denied the claim and now the person is coming after me for payment. can i be taken to court for this even if i wasn't even involved?

Doug Goyen
Doug Goyen answered on Jun 14, 2021

Yes, if she was unlicensed you can possibly be responsible for "negligently entrusting" your vehicle to an unlicensed driver.

1 Answer | Asked in Car Accidents for Texas on
Q: hello, my driver license is suspended by the state because of a accident that happened 11 years ago. what do i need to d
Doug Goyen
Doug Goyen answered on Jun 3, 2021

You need to contact the Texas Department of Public Safety if this is a driver's license suspension in Texas. There is a page on their website that covers what to do in the case of an auto accident suspension due to no insurance. See:... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Texas on
Q: ConsumerAttyCase? 4 Brand new wheels & tires bought & installed 1hr later had blowout wrecked car sustained back injury

Accident on NB IH35 in Hays Cty Tires were bought & installed in San Antonio My car was the only one involved in the accident I was headed home after installation I had a blowout on driverside rear tire which spun me around and I landed against retaining wall smashed into my front passenger... Read more »

Todd Kelly
Todd Kelly answered on Jun 2, 2021

It certainly sounds like you have a valid claim against either Discount Tire, the tire manufacturer, or both. The real question in my mind is whether there were significant injuries from the crash, as these can be expensive cases to pursue.

3 Answers | Asked in Car Accidents for Texas on
Q: Lady lets man w/o license nor insurance but with criminal past drive her car. 2-car wreck results. Whom do victims sue?
Tim Akpinar
Tim Akpinar answered on May 23, 2021

A Texas attorney could advise best, but your question remains open for three weeks. As a general matter nationwide, the victims would probably go after the woman (as the registrant of the vehicle) and the driver. The fact that he doesn't have insurance is irrelevant. Insurance follows the car,... Read more »

View More Answers

1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: If my husband hurts or kills someone when driving drunk, can I be sued? He has own car and own insurance.

I have the papers for divorce. I am hoping he will get help. But he drinks and drives. Even though I have tried to get him to stop, he continues to do it. But I am scared one day he is going to hurt or possibly kill someone. If we are married, can the person or person's family sue me as... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 17, 2021

While I hope it never comes to this, however, if you live in a community property state and/or you jointly own assets, then it is possible that you could be made a part of a lawsuit seeking to seize assets in which you have an interest. Of course, before this occurs, there would have to be a... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: Hi I rented a vehicle and let my cousin borrow it. While he was driving he got into an accident and fled the scene.

The plaintiff is suing me. Am I 100% liable for damages

Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

You may be liable for negligent entrustment, depending on the circumstances. Check with your auto insurance carrier ASAP to see if they will cover this and handle the defense of the case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.