Legal Question in Civil Litigation in Texas

Sue for an Auto Accident

I was in an auto accident on Dec 11th 2003. The Police filed a report that stated the fault was on the other person('failed to yield turning left', 'driver inattention', and 'faulty evasive action').

I have since then contacted his Insurance company and they are unable to ascertain fault since the other person is not giving a statement and hence they are unable to proceed with the investigation. My collision coverage Insurance is paying for the repairs but does not cover the medical as well as the extended car rental reimbursement charges.

What can I do to recover all the damages from the other person? Also, is there an option of sueing the other person for his faulty action? Please advice, will appreciate your feedback and help.

Thanks - Best Regards


Asked on 1/06/04, 6:26 pm

1 Answer from Attorneys

Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: Sue for an Auto Accident

I would confirm your policy does not provide for rental coverage. I would also confirm you do not have personal injury protection under your policy to atleast pay for up to $2500 of your meds. Check your declaration page. As far as the other driver goes, yes you can file suit against him. You have a two year statute of limitations from the date of the incident. I suggest you send the other guy and the insurance company notice of your intent to file suit. Your ltr to the individual should advise him to send a copy to his insurance company. His failure to cooperate with his insurance company may result in him not being covered and then you, unfortunately, losing the money pockets. Hopefully, a ltr advising him of your intent to sue may prompt him to cooperate with his insurance company to avoid be personally liable (assuming he has any money to be concerned about losing). It goes without saying that I would suggest you seek counsel from a professional and continue to follow all of your doctors' orders.

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Answered on 1/06/04, 6:47 pm


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