Legal Question in Insurance Law in Texas

I was involved in an accident with a young man who was driving his friends vehicle.

Well apparently the owner of the vehicle did not have insurance, but the driver does!

So can I file a claim under that insurance? And are they responsible for any medical bills that I have incurred since the accident? Also FYI it was the other drivers fault!!!


Asked on 9/10/09, 12:58 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

yes....and if you have injuries, call us or a personal injury attorney...if only property damage and loss of use of your car..make demand..but if you had insurance, your insurance will collect from driver's insurer and may, probably not, collect your deductible unless you push your insurer

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Answered on 9/15/09, 5:38 pm
Dan Street Street Law Firm

Yes. While your claim is technically against the driver himself (not his insurance company), the insurance company is the one that will actually "write the check." In Texas, you may be entitled to up to 13 categories of damages, including past and future medical care, past and future physical pain, and past and future mental anguish, as well as lost wages and loss of wage-earning capacity. You may also be entitled to benefits from your own policy, including Personal Injury Protection (PIP) and Underinsured Motorist (UIM) under certain circumstances. However, none of this is as simple as you may think, and doing everything correctly so that you obtain maximum benefits can only be assured by hiring a competent personal injury attorney. Remember: In spite of how "nice" the adjuster may seem at first, his/her goal is to see to it that you collect as little as possible. You need someone on your side who knows exactly what he is doing and how to overcome the roadblocks the insurance carriers will place in your path. Insurance companies have fulltime attorneys working for them; you should too!

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Answered on 9/16/09, 2:53 am


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