Legal Question in Personal Injury in Texas

License Extortion

This threat about taking your husband's license strikes me as being way over the line. The criminal laws -- and license suspension falls in that category -- are not to be used to exert pressure in civil matters like the dispute over this wreck. Do you have this threat in writing or on tape? If you could get that, it would be of benefit.

You mentioned your husband was ticketed for no insurance; was he also ticketed in the wreck? If not, and the officer would testify that he was not -- totally, at least -- at fault, this would help.

As far as his license being at risk, I think there's no problem, provided he now has insurance.

I seriously question whether this collection agency will hire a lawyer and sue over $1,750; it's hardly economical, especially if liability is contested.

As far as the law goes, the hard and fast rule is that the following party has to keep a distance sufficient to not hit the car in front, no matter how sudden the stop. However, I've seen a lot of cases here in Houston where juries have let the following driver of with no negligence, especially where the imact was light and injuries slight or non existent. This collection co. should be aware of this.

I think there's a good chance a lawyer could back these folks off by pointing out some of the foregoing and indicating you were willing to fight in court if necessary. This might only cost you a few hundred dollars. Of course, if they call the bluff and sue you, you are looking at a legal fee that would be considerably more than the $1,750. One thing in your post I'd like to clear up; you indicated that your responsibility for the other driver's damages was tied to your lack of insurance. This is not the case. Your liability for a collision depends on whether you are negligent in causing the wreck, irrespective of whether you have insurance. Of course, if you do have coverage, the insurer pays for the loss and any legal defense, if needed.