Legal Question in Personal Injury in Texas

My Nmae is Michelle Lewis age 44 was involved in serious car accident yesterday where I was rear ende and force me to hit the back end of the auto in front of me. I had my insurance with me but found out that they had not recieved my payment so I was actually uninsured. However the gentleman behind me that caused the accident has State Farm. Is he liable for both autos? How much trouble am I in for not being covered at the time? I was clearly not at fault. Had to go to hospital because accident reaggrevated old back injury. Will his insurance cover me eventhough I had no insurance?


Asked on 4/03/10, 8:30 am

3 Answers from Attorneys

Jason Kipness Kipness Law Firm

Ms. Lewis,

You can make it a claim against the driver 's insurance, even if you did not have auto insurance.

DO NOT DO THIS WITHOUT A LAWYER. GET MEDICAL TREATMENT ASAP AND FOLLOW DOCTOR'S ORDERS.

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454. We handle cases all over Texas, including Onalaska.

Please visit www.kiplawfirm.com for free information about car accidents.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

Jason

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Answered on 4/08/10, 8:42 am
David Leon David L. Leon, P.C.

If you were not at fault, then the most you'll get is a ticket. You can get any traffic ticket lawyer to help you with that (we have one here if you want to talk to him)

You have a serious case. DO NOT DO THIS YOURSELF. Please contact a personal injury lawyer to discuss your case. Most PI lawyers (myself included) will meet with you and discuss your case for free with no obligation. I suggest you interview at least two attorneys before making a selection. (See which attorneys are most responsive, ask who will be working your case, see if you're talking to an attorney or paralegal, etc.)

Dave

Please see my disclaimer:

http://leonlaw.com/askalawyer

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Answered on 4/08/10, 9:18 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Ms. Lewis,

Anytime you receive an injury and someone else is potentially at fault, you may file a claim against that driver 's insurance despite you not having auto insurance. Your claim may inclued items such as: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement. You should definitely not attempt this without ensuring that your rights and interest are protected. You need to get medical treatment as soon as possible and follow your doctor's orders.

Remember you should never provide any of the following: (i) a statement to any insurance company,(ii) access to your medical information or (iii) any insurance company forms without speaking to a lawyer first.

The insurance company is out to make as much money as possible and not pay you anything for your injuries. Additionally, the insurance company is not your friend nor are they concerned with your injuries and pain. Generally, insurance companies will attempte to frustrate you by delaying payment, denying claims, low offers, etc.

If my local law firm can assist you with this legal issue or any other legal matter, please do not hesitate in contacting our office.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

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Answered on 4/08/10, 9:29 am


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