Legal Question in Insurance Law in Texas

Car accident

I was in a wreck and the car had insurance but not on the person that was driving it. the insurance company said they would not pay. They were legally at fault as determined by the DPS. What can I do. Can they get away with this.


Asked on 11/07/08, 12:35 pm

5 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Car accident

'Fraid so. Sounds like the driver was specifically excluded from coverage. You could only sue the driver and the owner for your damage. Not a good position.

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Answered on 11/07/08, 12:37 pm
Dan Street Street Law Firm

Re: Car accident

It really depends upon the circumstances. If the person was loaned the car by the owner, coverage should apply. However, if this driver was specifically excluded from the policy under the written terms of the policy, the carrier probably has an out. You really are not going to know for sure whether you will be able to collect until you hire a lawyer who is experienced in handling personal injury cases and have him look at all of the variables. Insurance companies routinely deny claims, hoping you'll just go away. We have resolved thousands of claims like this where the client felt they had no hope, but, due to our efforts, the insurance company was pursuaded to change its mind. Please give me a call and I'll be happy to review your case at no charge. I only charge a fee if I am successful in collecting for you.

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Answered on 11/07/08, 12:56 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Car accident

call us....you probably have more rights than you know...if you are injured go to a doctor...

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Answered on 11/07/08, 2:32 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Car accident

call us....you probably have more rights than you know...if you are injured go to a doctor...

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Answered on 11/07/08, 2:32 pm

Re: Car accident

It depends on the facts. It sounds like the person was specifcially excluded from the owner's policy. That's not the end of the case, though. The driver may have his own insurance, or you may have uninsured coverage. If not, you can always sue the driver and owner. Feel free to call my office if you would like to discuss this further.

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Answered on 11/07/08, 2:59 pm


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