Legal Question in Personal Injury in Texas

Small Claims Court / Auto Accident

I was involved in an auto accident. The other driver was at fault, but his insurance would not pay the claim. He was driving a truck owned and insured by his father.

Who should I sue? The driver, his father, or both?

When I do file suite, this matter is further complicated by the fact that the father and son both have the same name.

Should I use Sr. and Jr. or the sons nickname the insurance Co. has used to identify him?

How much info do I need to have suite served - Address, Phone No. etc.?

Thank You for any help you can give me.


Asked on 10/02/00, 1:23 pm

1 Answer from Attorneys

Re: Small Claims Court / Auto Accident

You can sue the driver if the driver was negligent. You may be able to sue the owner in certain circumstances, and using the endings on the names is a proper way to designate the difference between the two. You will need to have their names and addresses in order to serve them with the suit.

Additionally, if you sue in small claims, you are limited to $5,000 in damages. Most likely, their insurance company will step in and defend the suit.

Good luck,

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Answered on 10/31/00, 9:12 am


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