Legal Question in Civil Litigation in Texas
Suing an uninsured driver
Person Z and Q were involved in a wreck. Q admits her culpability, an off duty police officer was a witness and it was noted on the police report that she admits blame. Z's car would take more to fix than to replace altogether. It is a $6400 car and damages exceed $8k. Z was willing to accept $3k initial payment to buy a car and then take whatever sort of payments Q could make. Q agreed to it but has recanted and says she was advised by her parents to go to court. She says she can't really pay more than $100 a month, which would be fine but for the fact that Z has no transportation and no money at all to purchase even the cheapest old vehicle. Q is uninsured, has several speeding tickets, is 20 yrs old and a waitress. Z fears that should he go to court, her liscence may be revoked and she would be less likely to pay anything. Z was willing to take Q's car in exchange for 3000 , since it still runs although its appraisal value is less than 2K. What course of action should Z take? What can Z realistically manage to obtain if it turns out that Q in fact has no money? Q has a wealthy family but they are not willing to pay for Q's damages.
1 Answer from Attorneys
Re: Suing an uninsured driver
Z should have uninsured motorist coverage that will help defray the costs, unless Z deliberately waived that coverage. Z should work with his insurance and let them sue Q to recover.