Legal Question in Civil Litigation in Texas

Automobile Accident Involving Canadian Resident
What is my recourse for a Canadian resident and Insurance company that only wants to pay half of the damages to my daughters vehicle even though the police report finds the Canadian resident "at fault" for the accident. Manatoba (Canadian insurance company) finds both parties 50% at fault. I do not want to involve my insurance company in order to keep my daughters driving record clean. The accident was not her fault. Can I sue them both or just the insurance company? Is there a monetary limit? Please help.

Asked on 8/03/99, 2:25 pm

Donald Teller Law Office of Donald E. Teller, Jr., P.C.

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Re: Automobile Accident Involving Canadian Resident

Actually you most likely will sue the driver,

and the insurance company will provide him

with an attorney. Your situation is common. The

insurance companies often try to lay blame on

the claimant. Your remedy is to file suit if

you do not agree. But the suit most likely needs

to be against the at fault driver. Up to $5K can

be filed in JP court, and up to $100K in county

court.

Answered on 8/04/99, 3:11 pm

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