Legal Question in Personal Injury in Texas
I was in a car acciddent about 4 months ago. The other car came out of an alley way and hit me. I was on the residential road. I did call the police and a report was filed. The other driver did not have a license. He was the brother of the owner of the car. After the accident I spoke with her she stated that she did not know he had taken the car that night. She always let him take the car to the car wash. Seeing that she did not give him permission to drive that particular night, her insurance state that he was not insured at all. So now my insurance is saying I have to pay the $250.00 unisured motorist deductible. Is there anything I can do?
Thanks.
2 Answers from Attorneys
Nothing you can do. Either pay to fix to the car on your own and file claim with your auto ins. co. and pay the deductible.
Getting money out of the driver will be like squeezing blood from a turnip. He is most likely an "excluded driver" on his sister's policy.
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So, did they arrest him for stealing the car? (of course not). He probably would be found to have "implied permission" to use the vehicle as he has used it before and the keys were apparently available to him. I disagree that there would be no coverage. Also, there would may be a claim against the owner for negligent entrustment for allowing an unlicensed driver to operate the car.
Probably will need to sue them to get the coverage kicked in. Hire a lawyer.
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