Legal Question in Personal Injury in Texas

My daughter was in a car accident in a private drive the other person was responciable for accident. we both have the same insurance the insurance company claims that the other driver did not own the auto and his parents insurance would not cover the accident because he was not on policy and there is a clause in their insurance that will not cover since he was driving. they informed me that my car is a total loss. i know that will not cover what i owe plus the insurance companyis filing it under my insurance. what are my rights against the insurance company the driver and the owners of the car


Asked on 11/21/11, 7:13 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

If the at fault driver was not insured, you can seek to have his driver's license revoked until he makes restitution. Typically, if you have full coverage, your own insurance will seek subrogation on your behalf. You should ask your insurance company if they will seek your deductible back from him. On the car loan, you need to see if you have "gap" insurance. If you don't, and the car was worth less than the loan, then you are responsible for the difference. (The at-fault driver is only responsible for the value of the car, not the loan.)

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Answered on 11/21/11, 8:05 am


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