Legal Question in Personal Injury in Texas
Uninsured Motorist involved in accident
I was driving a vehicle that I am currently making payments on. I hit someone and I am clearly at fault. I thought I was still covered on insurance but the police officer noted that my insurance was expired. The registration of the vehicle is still in the name of the person to whom I am making payments. There is an agreement between the seller and myself that I will maintain insurance coverage on the vehicle.
The party that I hit has uninsured motorist coverage. Will his insurance go after me or the seller? If they can go after the seller, is there a way for me to stop them from contacting the seller?
2 Answers from Attorneys
Re: Uninsured Motorist involved in accident
If the insurance company goes after anyone or subrogates the loss, it will be after you because you are the driver (tortfeasor). The title owner ("seller") isn't responsible for your legal wrong just because they are the title owner or registrant of the car. However, if you're concerned about the "seller" finding out about the accident, you may be out of luck. You can try contacting the insurance company before they contact the "seller."
Re: Uninsured Motorist involved in accident
the other drivers uninsured motorist coverage will take care of that driver's' property damage. that insurance company does have the right to "subrogate" and seek to be reimbursed from the negligent driver. my experience is that insurance companies rarely exercise this legal option. i know of no way of keeping the insurance company from contacting the title holder to the vehicle. that information is of public record and the insurance company will at the very least want to see if the title holder has any liability coverage on the vehicle. i hope this helops. bill featherston
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