Legal Question in Personal Injury in Texas
daughter and me be sued
my daughter borrowed my car and was involved in a accident in July 2007. My insurance would not cover anything saying she was not a driver on my insurance. Today we got served to be sued by the other driver/car in the accident. We never recovered anything from them, my car was totaled and my daughter spent time in the emergency room and some time after to recover from her injuries. She nearly lost an eye. I know we need a lawyer, but where to do we start of look for one, and is there any hope to win this case?
4 Answers from Attorneys
Re: daughter and me be sued
You need experienced representation to handle your case. Please contact us so that you can talk to one of our attorneys.
Re: daughter and me be sued
If you are in our area, call us..or just call and we can discuss..unless your daugher was an "excluded" driver on your policy..your insurer has wrongly denied coverage in my opinion...and you need to defend the lawsuit if you are named as defendant..and she does if she is named..a call is free...
Re: daughter and me be sued
Lots of questions for you:
1. Is you daughter under 18?
2. Was she a resident of your household at the time of the wreck?
3. Did she have a bad driving record?
4. How did the collision occur? Was she at fault?
My guess is that YOU have been sued with an allegation of "negligent entrustment"; meaning that you were negligent for allowing your daughter to have access to the car. Your liability insurance company should provide you with a defense to that claim. I would suggest that you notify your insurance company and request a defense as soon as possible.
Without knowing more about how the collision occurred, there is no way to comment on whether there is "any hope to win this case'>
Re: daughter and me be sued
If you were sued in County Court at Law or District Court, you must file an answer, in writing, by 10:00 a.m. the Monday following twenty days (20) after the date you were served. [Texas Rules of Civil Procedure 99(b)]. You should notify your insurance carrier that you were served with a lawsuit stemming from the accident. Based solely on what you stated in your inquiry, the insurance company may deny coverage and/or defense. You should contact an attorney in your area to handle your defense if your insurance company won't.
Let us know if you would like our assistance handling defense of this matter. Good luck.