Legal Question in Personal Injury in Texas

7 months ago my husband was in an intersection accident w/ no cameras or witnesses, the officer determined no one at fault. On the way to work my husband was going straight thru a green light, on the opposite side, the lady just got off work (at night, the time was 6am), sat thru her green left turn signal, & turned left on a regular green straight light, resulting in her hitting my husband.

Both ins co claimed not at fault. Her ins co is coming after ours for damages, and our co is trying to get damages from them. we just heard that the companies are going to mitigation and it could take another year. we cant afford to get the car fixed in a shop, but are we allowed to try to fix it ourselves, or sell the car to help get another one? would that cause legal issues w/ the case if we have messed w/ the car or do not have the car anymore?

Asked on 1/21/13, 1:22 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.
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No..apparently you only had liability so your insurer will not pay for your car after the arbitration with the other insurer. We often have that question..."can I have my car fixed or get medical treatment and be able to work? " the answer is yes..even if u had a lawyer representing you because the damage can be proven by pictures/by evidence of the cost of repair/by loss of use or employment...etc..And u can sue the other driver in Justice of the Peace Court without a lawyer and may win..if u lose, your insurer has to pay if u give them notice of your lawsuit..BUT insurers do NOT represent their insureds unless they have to.

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1/21/13, 1:51 pm

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