Legal Question in Personal Injury in Texas

Re: Passenger Hurt in Auto Accident

Yes, you can sue the driver of the other vehicle and his insurance company will provide that driver legal counsel and pay up to his limits any amount awarded. However, there are advantages to not settling with either driver in the event you have a basis thatthe other driver was negligent. The fact that both drivers are covered by the same company causes me to pause a little bit. You say they determined the driver of your son's vehicle was 100% at fault. How did they determine that? Were there any witnesses? I would hate to think this could happen, but if the insurance company had no valid basis to make its determination of fault, they could be transferring the blame to the smaller policy so that they save money. What is the other driver's insurance limits? If the other driver has high limits, and there is no rational basis for placing 100% blame on the river with the 20k policy, then something is not right. Before you settle out with anyone else, these questions need to be explored. However, it is very important that you do not sign away your right to sue the other driver. If there is evidence the other driver was at fault, i.e., both the driver of your son's vehicle and your son claim to have had a green light, then your son may want to institute an action against both parties and let a jury decide. If the other driver has a decent policy and is found to be partially at fault, even less at fault than the driver alleged to be negligent, and there is a big judgment, your son could still benefit greatly.

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Re: Passenger Hurt in Auto Accident

You do have a right to settle with driver of the automobile that your son was riding in at the time of the collision and still pursue a claim against the driver of the other vehicle. (If that other driver was insured, you may deal with that driver's carrier in terms of that claim; however, if you cannot get that claim settled and a lawsuit is considered as against that other driver, that lawsuit must be filed against driver and not carrier-Texas is not a direct action state.)

Although you have the right to settle with the driver of your son's vehicle, I am not sure that is the smart thing to do if, in fact, you feel the other driver was a factor in causing the collision. The reasoning behind that statement comes from the 'credit' that the other driver will receive from your settlement with the driver of the vehicle in which your son was a passenger should you then decide to pursue the other driver. (The other driver and that other driver's carrier will be able to take a 'credit' on that other driver's exposure, if any, based on either the monies received from your settlement with the driver of your son's vehicle or, pursuant to statute, a percentage 'credit' of the total damages that may be awarded to your son should he file suit against that other driver.) Additionally, if, in fact, you settle with the driver of the vehicle in which your son was riding you potentially eliminate the ablity to have the driver of the vehicle in which your son was riding 'avaliable' to testify as to the actions of the driver of that other vehicle leading up to the eventual collision.

In short, you need to consult with an attorney of your choice before you make your ultimate decision.

Re: Passenger Hurt in Auto Accident

In addition to any personal injury claims you have, you may have a bad faith claim against your insurance company. Please feel free to call me at the number listed below, and mention that you received this information through LawGuru.com.