Legal Question in Personal Injury in Texas

my parents were killed in a car accident in texas, it was their fault. The driver of the 18 wheeler that hit them has not settled with the auto insurance at this point. He has about 3 months before the statute of limitations runs out. If he settles with the insurance can he still sue the estate? At this point he has not offered any medical notes describing his injuries. He complained of back pain at accident site, am not sure if he even went to ER. He has not settled with workmans comp at this time either


Asked on 1/27/10, 5:41 pm

2 Answers from Attorneys
Jason Kipness Kipness Law Firm

I am sorry for your loss

If the 18 wheeler driver has made a claim against your parents' auto ins. company and ins. co. settles the claim, the 18 wheeler driver will have to sign a document that releases his claims against your parents and their estates and their ins. co.

He cannot settle and then sue the estate.

For free information on Texas car accidents, please visit http://www.kiplawfirm.com

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Answered on 2/01/10, 6:08 pm

I need more information about the case before I can render an opinion. Specifically:

1. Has an estate administrator been appointed?

2. Were your parents insured?

3. Has your parent's insurance company contacted you about this?

4. Was there a will?

You need to get counsel on this matter, quickly. Call me at 214-696-0021 if you want to discuss this in detail, the initial consult is free.

Dave

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Please read my disclaimer:

http://leonlaw.com/askalawyer/disclaimer

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Answered on 2/01/10, 8:46 pm


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