Legal Question in Personal Injury in Texas
Had an accident in 2008, other drive was sued by the state of Texas. Failure to control speed. I had insurance on my auto, he has been hard to find but now found has an attorney. Can I still sue my insurance?
2 Answers from Attorneys
I'm not sure what's going on here. If you have full coverage, you can make a claim against your own policy. If the other guy has insurance, and was at fault, then you can make a claim against the at fault party's insurance, provided that you do so within two years of the date of the accident. If the other driver's insurance denies the claim, you can file a lawsuit against the at fault party (not the insurance company), provided that you do so within two years from the date of the accident. You should speak with an attorney NOW about this case, as it may already be too late for some of your claims.
You cannot sue your insurance company unless it is on a breach of contract claim for failing to pay PIP or UM or UIM. Your right to make a claim does not dependon whether there is a conviction on the FTCS.
You may be barred if you are suing the person who caused the wreck because it is nore than 2 years.
713-629-1111 is my number I handle Um/UIM/PIP claims.