Legal Question in Personal Injury in Texas
I was involved in a car accident , where the owner states it was a total loss (about $3200.00). My friend was too tired to drive, after already driving 4 hours or longer that evening, and wanted me to drive. I just turned 18 and I don't have a Drivers License. I found out the car belonged to my friends boyfriend and he had no insurance on the vehicle and supposedly he never registered the car. The title may still be in the previous owners name. My friends boyfriend filed a small claims action against in Texas. I have tor esppond. My question is I am liable if the boyfriend does in fact NOT own the vehicle? Are there any tort defenses that will prevent me from being sued? How can i get out of this besiudes paying a judgement? I also need to ad that I was willing to pay 1/3 of the damages bc I felt that it was the boyfriends fault for no insurance and his girlfriends fault for causing me to flip the car. (She was distracting me with pics on a phone). I feel the B/F got greedy and keeps increasing what he wants for the car and cannot provide proof of said damages and we don't speak anymore. Thank you.
1 Answer from Attorneys
You need to hire an attorney as soon as possible to file an answer for you in court. If you don't file one in time you will lose the case by default and the plaintiff will get a judgment against you.
Non ownership is generally not a defense to this kind of lawsuit. You are being sued for damages that occurred because you were driving the car.
No defense can prevent you from being sued. Defenses can only be argued at trial to prevent the other side from winning.
Small claims courts generally are limited to the maximum amount of any award they can make. Also if the car is a total loss, the award for damages to the car cannot be greater than the value of the car at the time of the accident.
If the plaintiff does not own the vehicle, you may have a defense as the plaintiff must have standing to sue you. If the vehicle that was damaged is not owned by the plaintiff, he may not standing.
Get a lawyer!!!
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