Legal Question in Civil Litigation in Texas
Auto accident
I rear ended a tractor trailor at very low speed. Plaintiff claimed $373.00 in damages. I offered $90.00. Now they have filed for suit in JP court for the $373.00 and $400.00 medical. Plus, they want me to pay for their attorney and all court costs as well as prejudgement and postjudgement interest. Seems like a pretty small claim for a lawyer to be involved in but they did it. I am representing myself and I would like to know if they are entitled to get attorney fees and medical fees since their first offer to settle did not include any medical fees. Furthermore, it seems to me that if their insurance company paid the medical claims, the insurance company should be suing me for that, not the trucking company. I think they are padding their claim and hoping the judge will allow all of it so they can pay their lawyer something but I expect it would cost a whole lot more than $400.00 in attorney fees to sue me. Thank you.
2 Answers from Attorneys
Re: Auto accident
Settlement offers are irrelevant and inadmissible. Attorneys' fees are not recoverable in a tort case such as this. Whether or not the other driver has medical insurance is not relevant or admissible as far as your liability is concerned. Vehicle damages and medical damages caused by your negligence are recoverable. Because you are in Small Claims Court, there is no real assurance that the judge will follow the law unless you are in a county that has a lawyer judge or a well trained Justice of Peace (who presides over Small Claims Court).
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