Legal Question in Civil Litigation in Texas

Re: Who pays attorney fee?

Right now there's no statutory basis for you to recover attorney fees spent on your defense. Have you contacted your insurance comapny? They may well be under an obligation to defend you.

It doesn't hurt to start lining up defense counsel at this stage. Once you're served with papers, your time to get an attorney becomes rather short.

Re: Who pays attorney fee?

You should provide your liability insurance company with a copy of the attorney's letter - NOW! Likewise, if you get sued, you should provide your insurance company with the lawsuit papers immediately (make a copy for your own files). That is why you have automobile liability insurance -- to hire an attorney to defend you and pay damage claims that are adjudged to be owed by you as a result of the automobile accident.

Also, your own insurance company may feel that it has a subrogation claim against the other party.

Re: Who pays attorney fee?

I'm assuming you don't have insurance or the other party's carrier would not be contacting you. You need to speak with an attorney NOW. Don't wait to be sued, because you will only have 20 days to respond to the suit, and that may not be enough time to find an attorney, and for your attorney to properly respond. If you are successful in your defense, you may be awarded attorney fees. Discuss this with your attorney.