Legal Question in Personal Injury in Texas

I got into car accident couple weeks ago; I was hit from behind by a lady when I stop at a red light. Her husband came and gave me the insurance info and assured me that he will pay for the damage if the insurance doesn't (I had him write the statement on paper). The car was under her husband name and the insurance was under his name as well; however, I just find out that his insurance was cancelled last year because he did not pay to renew it. Now he's making all the excuses that he does not have money to pay out of the pocket. So I have to file law suite against him in civil court. I have couple questions:
1) by texas law, who is responsible to pay for car damage: the wife (driver) or the owner of the car (husband) will be responsible if he nor she does not has car insurance
2) he wrote me a statement that he will pay for the damage cause by his wife, should I sue him or his wife or both?

Asked on 4/28/11, 11:03 am

Carl Weinkauf Carl Weinkauf & Associates

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The short answer is that you should sue them both. Sincerely, Carl Weinkauf

Answered on 10/12/11, 2:27 pm

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