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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Landlord - Tenant and Civil Litigation for Texas on
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?

I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.

Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you...
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1 Answer | Asked in Car Accidents for Texas on
Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty

My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

It depends on the terms and conditions of the insurance policy, which are construed against the insurer.

I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for...
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2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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1 Answer | Asked in Contracts, Personal Injury and Car Accidents for Texas on
Q: Can I challenge an insurance company’s decision to use second-hand parts for engine replacement in my Volvo

After an oil change at Take 5, my 2019 Volvo S60 R-Design suffered engine failure due to overfilled oil, confirmed by my mechanic. Take 5’s insurance, Fleet Response, accepted fault but insists on using second-hand “Like Kind Quality” (LKQ) parts for the repair. Given the unique configuration... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

YES, YOU CAN.

BY LAW, YOU HAVE THE RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR STATUTORY RIGHTS REGARDING MOTOR VEHICLE REPAIRS ARE...
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1 Answer | Asked in Car Accidents for Texas on
Q: Hwy 55 was a closed range hwy now it changed to a open? when Uvalde County
John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Uvalde County never adopted a stock law so it has always been open range.

1 Answer | Asked in Car Accidents for Texas on
Q: The state took away my license due to accident 2 yrs ago how do I know if there was a judgement against me

They have not taken me to court

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

They can't have a judgment against you if they did not take you to court.

2 Answers | Asked in Car Accidents for Texas on
Q: An insurance who there policy holder was at fault in an automobile accident are offering me a payout that’s less

The payout won’t be able to get me the call they total. Am an international student seeking for legal advise on the next step to take

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

The next step is to sue the at-fault driver.

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1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for Texas on
Q: I was parked and hit by a car in a police chase. Can I sue the police department?

Police were chasing a stolen truck. Parked on the side of the road with my hazards on, typing in an order for work. The road was very wide for a two lane road. Hear a screeching, look in my rear view mirror and quickly brace for impact. Cut the story short, guy stole a truck out of parking lot near... View More

James L. Arrasmith
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answered on Aug 31, 2024

In situations like yours, it's understandable to feel frustrated and overwhelmed. When police are involved in a chase that results in damage to your vehicle, determining liability can be complicated. Generally, police departments have some level of immunity from lawsuits related to their... View More

2 Answers | Asked in Car Accidents for Texas on
Q: I was hit head on by a drunk driver,my car is a total loss..can I was something besides the title to prove ownership?

I have it registered,insured,and personal property tax documents all in my name..doni still need the title?

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Theoretically, if not challenged. But the title is dispositive and easily obtainable.

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2 Answers | Asked in Car Accidents for Texas on
Q: How do I dispute an insurance claim against me
John Michael Frick
John Michael Frick
answered on Aug 30, 2024

The typical way for an insurer to dispute an insurance claim against it is to file a declaratory judgment action seeking a declaration that the claim is not covered by the policy of insurance.

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1 Answer | Asked in Car Accidents for Texas on
Q: hello i have recieved court documents with questions to be answered for an open case for an auto accident that happened

i just need to know if i can answer these question myself or i need a lawyer to answer them

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

A Texas attorney could advise best, but your question remains open for two weeks. It isn't fully clear if you mean you received papers in connection with being sued in the accident by the other side, or in connection with a claim where you are the one suing the other side. If you're being... View More

1 Answer | Asked in Tax Law, Traffic Tickets and Car Accidents for Texas on
Q: Hi how would I know if a judgment been refille I have similar situation like that one mine was suspended since 2014

I was in a accident didn’t realize my ex husband didn’t pay insurance so I was moving around with him never got no letter no court date or nothing and they put me in judgment credit it’s just made 10 years this year 2024 what can I do to get it back I never made payment on it I try too but... View More

James L. Arrasmith
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answered on Aug 27, 2024

It sounds like you're facing a challenging situation with a judgment that has been impacting your ability to move forward. Since it's been 10 years, the first step is to determine if the judgment is still active or if it has expired under Texas law. Typically, judgments in Texas are... View More

1 Answer | Asked in Car Accidents for Texas on
Q: I was charged with manslaughter about 6 months ago and have not been indicted. How long do they have? I am out on bond.
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is no statute of limitations in Texas for manslaughter. They can indict you at any time.

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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