Legal Question in Personal Injury in Texas

I had a wreck when a boy ran a yield sign and hit me head on. He presented an insurance card at the scene of the accident; however, when I contacted his insurance company I was told I would have to file under my uninsured policy on my own insurance because there were coverage issues. My insurance company paid off my truck since it was totalled; however, they didn't pay off the full loan and I didn't have gap, so I had to roll the additional $1100 they didn't pay onto the price of my new car. I found out through the police that issued him the failure to yield ticket that the vehicle he was driving was registered in his and his dads name. The kid doesn't work but the dad has a good job. Can I take the dad and son to small claims court to get back the $1100 that my insurance company didn't pay for my truck ? I am still paying medical bills, but my insurance will pay me back when I'm released by the doctor since I had uninsured motorist bodily injury coverage. I just want the $1100 back,, which I will be paying for the next 5 years of my new loan.


Asked on 8/29/10, 7:12 pm

3 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes you can take him to court.

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Answered on 9/03/10, 7:20 pm
Parker Polan Briggle & Polan, PLLC

I don't understand what the coverage issues are. You can take the dad to court. However, you shouldn't try to settle your UM claim without at least talking to an attorney because your insurance company will try to under settle your claim to save money. You're entitled to lost wages, medical bills, pain and suffering, and disfigurement.

I would be glad to speak with you. 512-472-8318

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Answered on 9/04/10, 7:53 am
Donald McLeaish McLeaish&Associates;, P.C.

You will not get the $1100 because all the insurance or the defendants have to pay is either the cost of repair or the present market value...and normally the market value does not cover the outstanding loan...BUT your UIM should pay more than medical bills...as noted by others..and you would be wise to have a lawyer as that lawyer will find coverage...as your own insurance company will find...but get a lawyer experienced in personal injury..

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Answered on 9/04/10, 8:46 am


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