Legal Question in Personal Injury in Texas
i was rear ended and i didnt call the cops but i got there insurance info and stuff but when i called their insurance company they said that the driver was a restricted driver and they werent responsible. is this possible? what should i do?
2 Answers from Attorneys
In Texas licenses, a Restricted Driver is someone who had their license suspended then reapplied for a occupational license to drive only to school or work, but not to other destinations. As part of the application, the person HAS to show DPS that they have obtained and have an ACTIVE SR-22 (high risk pool) auto insurance. It sounds like there are likely TWO insurance companies you need to deal with, both of which are likely to try to beat you out of some or all of your damages. You should really get an Attorney to handle it, as the Attorney will try to get his or her fees from the insurance company and get you a more effective response or maybe more money. Call me and I can handle it for you.
By the way, the auto owner also has to have insurance and that is likely the one he had you call. If a restricted license does not keep SR-22 he can get arrrested or get it yanked for a long time. If you want, I can try to check the VIN # and possibly the license plate to tell you the owner's name and address. That might help you if you go at it alone, but I still think you'd be better off letting an Attorney handle it.
If you only have property damage, turn it in to your own insurance if you have collision coverage.