Legal Question in Traffic Law in Texas

uninsured driver

I reside in Oklahoma. The car accident happened in Austin,TX on Nov 22,2006. The driver damaged my car when he backed into it on the intersection trying to change the lanes. I called police and filed the Blue Report later. The driver lives in San Antonio,TX. It's appeared later that his insurance had been cancelled due to no payment. The estimate repair for my car is $1,963.45 I tried to contact him 4 times by phone,- no returned calls. What are my legal options?


Asked on 12/21/06, 2:37 pm

2 Answers from Attorneys

Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: uninsured driver

If you are fully insured, you can file a claim against your insurance and pay the deductible. Your insurance company may then try to collect the deductible by suing the other driver. In the alternative, you can file a lawsuit in small claims against the driver, most likely where the collision occurred. Finally, you may want to report the matter to the Texas department of public safety.

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Answered on 12/22/06, 10:44 am
TC Langford Langford Law Office

Re: uninsured driver

In addition to Mr. Chlouber's response, if you take a judgement against the unisured driver, he will have to pay your claim, or reach a settlement agreement with you in order to keep his license from being suspended.

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Answered on 1/03/07, 1:18 pm


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