Legal Question in Personal Injury in Texas

My wife was rear ended while on the highway. Damage to the car is approx $1000. The girl that was driving the car is not the owner of the car. She had her own insurance. The owner of the car did not have insurance on it.

The driver was going to just pay for the repairs, but when confronted with the estimates, started questioning every charge. So we just called her insurance company to file a claim. After 3 weeks of her insurance company not being able to contact her, they denied the claim. So now what?

I dont really want to file with my own insurance company, since I'll be out the deductable... Can I file suit in small claims court for the cost of the repairs? Who would I go after, the driver, or the legal owner of the car (that lent the uninsured car to the driver). Any advise on this would be great! (tarrant county, tx)


Asked on 5/25/12, 9:28 pm

1 Answer from Attorneys

First off, don't do this yourself. You're asking for trouble. Second, if you have your own insurance USE IT. If you have full coverage, you've been paying handsomely for these added services. They will go after the deductible and subrogation for you. You may have other rights as well.

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Answered on 5/25/12, 10:09 pm


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