Legal Question in Personal Injury in Texas

Recently, I was involved in a hit and run, but luckily I snapped a picture of the guy's license plate. I was able to get his information from the police, but when I called his insurance, I was told that they needed to speak with their client because his car may have been stolen or he may have fled the country. A couple weeks later when I called to follow-up, sure enough, they told me that their client's car had been stolen and that he fled to Mexico. They then continued to tell me that per their contract, if their client is uncooperative and flees the country, the insurance company is no longer liable. My questions are:

1) Is this a legitimate clause that insurance companies do not have to take liability over their client's accidents if they flee the country?

and

2) Doesn't auto insurance cover the automobile? So whether or not the car was stolen and whether or not the client is in the country, if I have witnesses and pictures to prove it was the client's car that hit me, shouldn't the insurance company take responsibility and cover my damages?


Asked on 11/04/10, 7:52 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

The simple answer is: It depends.

It seems to "convenient" that the car was stolen AND the client fled the country.

You may have a good case, we can only tell with further development of the facts.

Insurance companies as a business model try to deny claims even if they are legitimate.

As a personal injury lawyer, we fight for our client daily.

Please call me for a free consultation (512)827-7548 (7 days a week 8AM to 11PM).

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Answered on 11/09/10, 8:25 pm


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