Legal Question in Civil Litigation in Texas

Collision with Uninsured Driver

Yesterday I was in an Auto collision. An officer was called to the sceen and issued the other driver a citaction for failing to yield the right of way. We exchanged insurance and personal information, his insurace showed to be current.

No injuries, no damage to the other drivers car, no property damage, however my car (still drivable) has collision damage obviously over $500.

Right away I called his insurace co. They say he cancled on JAN 25/03, his card showed 9-18-03.

I contacted him, his answer was ''so?''. He is not co-operating or allowing me to contact him, not answering calls. Are thier any steps that can be taken before getting an lawyer to sue?


Asked on 3/20/03, 4:45 pm

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Collision with Uninsured Driver

Report it to your insurance company, unless you refused to get Uninsured Motorist coverage.

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Answered on 3/21/03, 11:19 am
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Collision with Uninsured Driver

This is becoming a very common occurrence. I have handled quite a few cases where the at-fault driver gets away from the scene using a fake insurance card. You definitely should contact your local police *and* county prosecutor and BITCH about this guy and DEMAND they prosecute him for driving w/o insurance. It is their job, so don't take "no" for an answer. That won't get your damages paid, for which you should claim on your own UIM coverage (uninsured motorist), which comes with every policy in Texas unless you specifically waive it in writing. Oh, and one more thing you can do, you can file a form with DPS and they will suspend his license until he pays your damages. I find that to be pretty effective. Find the Texas DPS website or give them a call about their procedure. You will have to submit evidence of the damages due you.

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Answered on 3/21/03, 11:48 am
Basil Hoyl Law office of Basil Hoyl

Re: Collision with Uninsured Driver

You can contact the Department of Public Safety and ask that his license be suspended because he did not have insurance. He can get it reinstated by paying your damages or making and keeping a payment plan with you. If that does not help, I am local to you.

http://www.reasonable-doubt.com

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Answered on 3/22/03, 6:52 pm


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