Legal Question in Personal Injury in Texas

Auto Accident where the responsible party did not have insurance

I was involved in an auto accident earlier this month where I was not at fault.

I was the only person in my automobile.

I was sitting at a red light when the car behind me did not even attempt to stop.

He hit me from behind and knocked me into the car in front of my car. He did not have any insurance therefore my uninsured/underinsured is responsible for paying.

My back and neck are bothering me. I have been going to the chiroprator for the past 3 weeks. I have not been able to work. I am worried about future problems with my neck and back. My limits on insurance are 20,000/40,000/15,000. Since the accident was not my fault, is the most I can get out of bodily injury the 20,000 coverage I carried on my uninsured policy?


Asked on 8/28/01, 8:14 am

2 Answers from Attorneys

Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Auto Accident where the responsible party did not have insurance

Probably, though I would have to read the policy

to be certain ... You could also proceed against

the other driver directly, depending on the resources

available to that person. In order to correctly advise

you, I would need to see the accident report and

a copy of your policy ...

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Answered on 9/17/01, 10:01 am
Joshua Wintters Law Offices of Joshua Wintters

Re: Auto Accident where the responsible party did not have insurance

Hello --

While the policy limit MAY dictate what amounts you can recover on your uninsured/underinsured coverage, it is clear that you still have court recourse against the driver of the car and perhaps other sources tied to him/her. If the driver were on an errand for work, for example, his/her employer could be held responsible. There are a number of possibilites, and I highly encourage you to consult with an attorney to be sure that you receive the greatest possible compensation for your injuries/losses/bills as possible.

If you have further questions, I'll be happy to answer anything I can via e-mail at: [email protected] or via phone at 254.756.5004 All the best to you,

Joshua Wintters

Attorney at law

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Answered on 9/17/01, 1:46 pm


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