Legal Question in Personal Injury in Texas

Insurance claim

My daughter was killed while crossing the street last year by a drunk driver in Houston, Texas. The perpetrator was tried and convicted on 3 counts for 45 years. My question: the car he was driving was leased by his girlfriend and he took the car without her permission. The leasing company has a policy and I would like to just file a claim ... do I need a PI lawyer or can I file the brief myself in civil court? Her father wants the $$, my daughter left me well taken care of financially ... so, I do not want anymore indignity to follow such a proud and successful woman.


Asked on 3/16/07, 11:16 pm

4 Answers from Attorneys

Lewis Palomino Law Office of Lewis Palomino

Re: Insurance claim

You would be well served to talk to an attorney about this matter. The attorney may be able to negotiate with the insurance company without having to file suit.

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Answered on 3/17/07, 1:18 am
Vic Velasquez Velasquez & Associates Law Office

Re: Insurance claim

Under your given facts, there might be an issue as to whether the insurance carrier can be held liable. You are, therefore, advised to consult an attorney so you may be aware of traps that can lead to a denial of your insurance claim.

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Answered on 3/17/07, 1:58 am
Roger Merrill Merrill & Associates

Re: Insurance claim

There may or may not be any sources of $. You should, however, hire a board certified personal injury lawyer to maximize your chances of making the largest recovery possible. Sorry that you have suffered such a loss.

I am in Houston and will be glad to discuss your claim with you.

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Answered on 3/19/07, 10:08 am

Re: Insurance claim

Let me begin this message by tellling you how sorry I am to learn about your loss. To answer your question:

Do NOT file a claim by yourself. You will likely get a denial based on the alleged lack of permission. Also, a probate action might be necessary to establish who should be the recipient of the insurance funds.

You would do well to have an attorney investigate whether or not there was permission (it can be implied.) Additionally, there are several other potential avenues to look for insurance. For example, did the at-fault driver have other insured cars? or an umbrella policy? There are a myriad of other possibilities.

I strongly recommend your meeting with an attorney about this to discuss your options. Personal injury lawyers will usually meet with you and discuss your case for free and without obligation. Also, most offices wont charge you a fee if they can't collect for you.

Make sure the attorney you speak with has experience in wrongful death matters, and that you are comfortable speaking with that attorney's office. Please let me know if there is anything else we can do for you.

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Answered on 3/17/07, 9:47 am


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