Legal Question in Insurance Law in Texas
No Auto Insurance
my boyfriend was involved in an accident a few months ago and he did not have insurance at the time. a lady cut over in front of him and he did not have the opportunity to stop fast enough so he hit her from behind. in texas, anyone that hits someone else from the back is automatically at fault. so how the lady's insurance company is after him for over $4000. they have attorney's sending him letters and i recently got a phone call on my cell from the attorneys also. my question is what are they likely to do to him if he does not pay? it is his opinion that he wasn't at fault but there is nothing he can do about it. will i be involved since the letters are coming to my house and now they are calling my phone??
2 Answers from Attorneys
Re: No Auto Insurance
If he had no insurance and was at fault, the DPS may suspend his TDL, but there is a way to address this if they do so. There are debt collection laws as well.
http://www.reasonable-doubt.com
Re: No Auto Insurance
There is no Texas law that says that you are civilly liable to anyone just because you hit them from behind. In fact, many times the reverse can be correct. That is, your boyfriend could file his own lawsuit against this other driver and claim that he was negligent for cutting him off.
The insurance company will not do anything to you personally. However, they could file a suit on behalf of the other driver against your boyfriend to recover the property damage they paid to fix the other driver's car. However, it is unlikely that the insurance company will do so unless your b.f. sues them or he has significant non-exempt assets.
Hope this helps. If your boyfriend needs to talk to an attorney more than I have already explained herein, tell him to give me a call.
ML
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