Legal Question in Personal Injury in Texas

There are steps that you can take to bring a claim (and perhaps a lawsuit) against her. But you will need to consult with a lawyer about that process. Because you were injured in the collision, it is best if you hire a personal injury lawyer to work on the case for you.

If you have questions, feel free to call or email me.

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Yes, you have a case against the person who hit you. Also, in Texas, if you cause an accident such as this, and you are uninsured, you can have your license revoked.

Yes, you certainly can file a lawsuit against an uninsured motorist, but, frankly, you'd be wasting time and money. Getting a judgment against someone without insurance is an exercise in futility. Unfortunately, 31% of all motorists in Texas have no liability insurance. Perhaps equally as significant, of the 69% who do have insurance, 85% of those have only a minimum-limits policy (which in Texas went up to only $25,000.00 on April 1, 2008). We need to lobby our legislature to increase these limits--and also impose stiffer penalites against those who drive without insurance. (Of course, as long as Rick Perry--or any other Republican--is in the governor's office, there is little chance of this happening because the Republican Party consistently opposes these measures because they would cut into insurance companies' massive profits.)

My suggestion is that you hire a competent personal injury lawyer. Allow him to investigate the uninsured motorist to determine whether she really is uninsured. If she is, you will still need a competent attorney to negotiate a fair settlement with your uninsured motorist carrier because--and please never forget this--NO insurance company wants to pay (including your own) and they will do everything they can to delay, avoid, and/or minimize what they have to pay out. After all, they don't make their billions by paying claims; they make their billions by NOT paying claims.

Good luck, and call us if you'd like our assistance.