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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: Hit and run (not in the car) No help from police but gave all the evidence to them.

Someone hit my parked car outside my house, I found a piece of the car that broke off and found their car wrecked in my neighborhood, got the license plate and then got the VIN #. I gave all of the information and pictures to the police detective and they have done absolutely nothing. Except put... View More

John Michael Frick
John Michael Frick
answered on May 11, 2023

Look up the name online using the license plate number or VIN and send them a written demand for the cost to repair your car.

1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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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... View 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... View More

1 Answer | Asked in Car Accidents for Texas on
Q: My son's car was totaled. His insurance will not cover the sales tax, and his gap coverage says they will not either
John Michael Frick
John Michael Frick
answered on Apr 28, 2023

I don’t understand why sales tax even comes into the equation.

Your sons collision insurance should pay the fair market value of the vehicle at the time of the collision.

GAP insurance then pays the difference between what your son owes to his lender and the fair market value of...
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2 Answers | Asked in Car Accidents for Texas on
Q: If I pay them, can they file through my car insurance even if they promised in writing not to?

I caused an accident but it was very low speed/damage. Just a couple nicks in their bumper. The person I hit wants to settle without insurance. They put in writing that if I pay them X amount, then they promise we will not go through insurance.

Joel Gary Selik
Joel Gary Selik
answered on Apr 27, 2023

You would need to get a written signed full release with all necessary language to make sure.

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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... View 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... View 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 and Personal Injury for Texas on
Q: What legal risks am I facing? Are the owners of the car I was driving at trouble?

If i had a car accident and I didn’t have insurance and I’m not the owner of the car. The police report put me at fault and the other driver passed away, but I know it wasn’t my fault. The tow driver talked to some witnesses and they told him there was another truck who hit the suv that hit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 2, 2023

Did the owner of the car he e insurance or do you have any insurance on a car you own. If they sue you and are successful you will lose your driver's license.

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... View 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.... View 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... View 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... 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 and Insurance Bad Faith for Texas on
Q: A vehicle hit my car and 2 others in the garage where I live. The apartment complex had my vehicle towed to a storage lo

The person who hit my car is underinsured and my insurance company is considering this a total loss. I can't replace the vehicle with one that has the same mileage and condition as mine. How can I recover enough to get a decent vehicle?

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

You should make a claim on your uninsured/underinsured insurance coverage.

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 was involved in an accident. Hit a cow. Should I try to contact the owner or just file a claim?
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Jan 3, 2023

If you have proof of who the owner is then you should proceed against the owner of the livestock. We may be able to help if you do. Either way, Best of luck.

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 for Texas on
Q: In Houston,Texas. I hit the car from behind. It was my fault. But the car I hit had expired registration.

In Houston,Texas. I hit the car from behind. It was my fault. But the car I hit had expired registration. Do I need to pay the damage for the car I hit?

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

Yes. The expired registration did not cause the collision. It is likely irrelevant to the determination of legal liability for the damages to the vehicles.

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