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Texas Car Accidents Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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: 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.

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for Texas on
Q: i was involved in a hit and run on June 13, 2021 that was staged by my ex wife along with El Paso Police Officers

and also El Paso Sheriffs Deputies. The day of the hit and run moments before my ex wife kept anounccing every light intersection til we crashed. EPPD officers arrived and didt treat it like a hit n run. They moved my car and another officer arrived and gave me a ticket for not having my actual... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the distressing experience you've gone through. It sounds like a complex situation involving personal relationships and the response of local law enforcement. It's understandable you would feel frustrated and possibly overwhelmed by the way events... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I have a BMW car which has automatic recording system on and recently met with an accident but it didn't record anything

Can I sue BMW for this

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

Theoretically, but your damages will most likely be the cost to repair the ARS so that it works.

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: When filing in Small claims court, which Justice of Peace location should I pick for car accident case?

is it based on the defendant's address or plaintiff's address or accident location?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: I am trying to obtain an occupational driver's licence and could use help. Is that a service you offer?

My licence was suspended due to my insurance not covering an accident.

Tim Akpinar
Tim Akpinar
answered on Dec 20, 2023

A Texas attorney could advise best, but your question remains open for a week. Attorneys can't really reach out to you to offer their services here - the format is quick Q &A, not an attorney referral service. You could supplement your own searches with the tab above, "Find a... View More

2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

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2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: What are typical settlement amounts for whiplash sustained in a fender bender car accident?

My brother is being sued for $1 million because 2 years ago his 16 year old son rear ended a car at a stoplight just after he got his license. The two passengers are both claiming to have permanent injuries due to whiplash. The complaint was filed a day before the statute of limitations would... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

There is no amount that can be determined without looking at all the facts.

You should hire your own attorney to make the insurance cover you and make sure they settle the case.

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2 Answers | Asked in Car Accidents for Texas on
Q: I want to know who’s fault is it if my car catches fire on a business parking lot due to mulch/dirt.

I backed my car as I have at a grocery store more than 5000 times where they have trees planted with mulch. I’ve been living near this store and have done this same thing/parking for 12yrs, and it has never caught fire, so I’m not sure why it did this time.

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

Without knowing exactly how your car caught fire, it is difficult to determine if anyone other than you yourself could be “at fault.” You should hire a fire investigator experienced with motor vehicle fires to try to determine the exact mechanism that caused the fire to ignite. Then go from... View More

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1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Texas on
Q: I was a victim of a car crash and received a subpoena for a DUI case filed by state of maryland vs other driver.

Was that letter for me or just a notice of the case filed against the other driver?

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

No one in this forum can comment on a letter they haven't seen. Take the document to an attorney for review. Good luck.

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