Legal Question in Civil Litigation in Texas
I rented a car from AVIS more than a year ago. I decided not to get the full cover insurance, just the liability that the car had. I ended up in a cold rainy day and got involved in a minor accident (no injuries). Now Geico (the other driver's insurance) is suing me for $2900 fro the repairs paid on the other car. I live in Texas, and the accident took place in Baltimore MD. Would a veredict against me give Geico the power to take over my only house (which I owe in almost its entirety), or my only car? Would a veredict in MD be valid against me in TX. I requested the judge to please transfer the case to TX so that I can better represent myself.
I work on nights, so you can call me after 6pm or anytime during the night. Thanks for the feedback.
2 Answers from Attorneys
If the car had liability insurance, then the insurance carrier should provide you a defense to the suit. The catch is that you have to follow their rules about notifying them of the suit. Do that immediately. If you don't have liability through the car rental, then you should check with you own car insurance, and have them provide you a defense.
To answer your questions, no, they can't take your homestead property in Texas. A Maryland judgment can be transferred to Texas, so if you default, or lose, they'll get a judgment up there and transfer it down here. If the accident happened in MD, then a judge there is not likely to transfer the case to Texas.
In addition to the insurance you purchased when you rented the car, insurance on your vehicle in Texas should cover you on rented vehicles. Again, you need to notify that carrier as well.