Legal Question in Personal Injury in Texas

Re: Mistaken identity

You had insurance on the day of the alleged wreck. You pay insurance for them to defend you. Your company should be assigning you a lawyer, at their expense, very soon. If you haven't heard from one fairly soon, call them again and ask. There are always time limits on filing a response, and you COULD theoretically be defaulted if no responding pleading is filed on your behalf. Usually, such defaults can be overturned easily, but NOT always! Plus, I have no idea of the local practices in someplace or other in Texas.

So, all you really can do is to see what kind of proof you can gather to show that you (AND your car) were not in Texas on the date alleged. I wouldn't sweat it TOO much just yet -- the lawyer your insurance company hires to defend you will be best able to answer your questions.

Good Luck!

Sam Hochberg

Re: Mistaken identity

Mr. Hochberg is entirely correct. You should stay on top of this situation, i.e., monitor it closely, and fully cooperate with the insurance defense lawyer your insurance company assigns to defend you. You also need to now engage in a search for documentation to prove that neither you nor your automobile were in Texas on the date in question and report your search or investigative findings to your lawyer promptly. Good Luck!