Ask a Question

Get free answers to your Car Accidents legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Car Accidents Questions & Answers
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

1 Answer | Asked in Car Accidents for Texas on
Q: A civil citation states we were negligent owners in an accident, but we sold the vehicle. How can we be removed?

We have the bill of sale and registered the sale with the DMV. How can we go about being removed as defendants in this case? Case is in Harris County, Texas

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Ask the lawyer defending you in the accident case to file a traditional motion for summary judgment asserting that you were not the owners of the vehicle at the time of the accident. You can attach the bill of sale and registration as summary judgment evidence.

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

I'm sorry about the loss of your dad. See if the attorney who handled the matter could go through the settlement agreement terms with you. Since you were 11 or 12 when this happened, the attorney representing you probably had to go through a special proceeding (infant comp order, or similarly... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

I'm sorry to hear about the loss of your father and the circumstances surrounding it. Regarding the settlement money, the specifics of how and when you can access the funds may depend on several factors:

1. The terms of the settlement agreement

2. The type of account the money...
View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

View More Answers

3 Answers | Asked in Car Accidents and Criminal Law for Texas on
Q: My husband was in a car accident this morning around 5 am. It was foggy and a dear jumped out in front of him. He swerve
Jared Perkins
Jared Perkins
answered on Mar 21, 2024

Take pictures of the damage and report the accident to your insurance company as soon as possible. Generally speaking, most polices, if not all, have a requirement in the policy to timely report the claim and to cooperate with any investigation. Failure to do so may cause your insurance to deny... View More

View More Answers

2 Answers | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

More important than the title can be the registration and insurance arrangements made. It could time to get titles in some cases, but registration and insurance arrangements could be coordinated with the transaction - those are more important than the official title materializing. Good luck

View More Answers

2 Answers | Asked in Car Accidents for Texas on
Q: I recently bought a car and hour later I was tboned. I hadn't had time to put the title in my name yet. I have the titl

E and bill of sale. The former owner is filed and insurance claim stating she deserved the money even though she sold the car to me before the accident. Is she right can she do that or is this insurance fraud.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because the car was sold to you before the accident, it is unlikely that the former owner's insurance company will honor her claim.

Your insurance company should honor your claim if you timely register the vehicle in your name (you have thirty days) and timely notified your insurance...
View More

View More 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More 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

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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
PREMIUM
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

View More Answers

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

View More Answers

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

View More Answers

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

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.