Legal Question in Insurance Law in Texas

Re: Auto Accident

Provided that he has adequate insurance, it will essentially be his insurance carrier legal duty to defend him and take care of the suit. Based on the facts, it appears that you son is going to be liable for the accident.

Re: Auto Accident

First, it sounds like your son was not seriously injured. This is good.

Your son has insurance, right? He should notify the insurance company if he has not already.

Based on the facts as related, he has no liability, and he could still sue the other driver for his injuries, which, since he's a motorcyclist, do not need to be serious injuries. Under the NY no-fault law, you can't sue for bodily injury unless the claim is for serious, severe, permanent injury; and you cannot sue at all if you are not insured.

Texas, I do not know the details, but it is similar. If your son did not notify his insurance company and it's a New York registration, he is in trouble. The insurance will disclaim, and they may succeed. The only way to overcome that will be to show that no reasonable person in your son's position would have expected a claim to be made.

Re: Auto Accident

First, it sounds like your son was not seriously injured. This is good.

Your son has insurance, right? He should notify the insurance company if he has not already.

Based on the facts as related, he has no liability, and he could still sue the other driver for his injuries, which, since he's a motorcyclist, do not need to be serious injuries. Under the NY no-fault law, you can't sue for bodily injury unless the claim is for serious, severe, permanent injury; and you cannot sue at all if you are not insured. But the rules are different for a motorcyclist: a motorcyclist can sue for a hangnail.

Texas, I do not know the details, but it is similar. If your son did not notify his insurance company and it's a New York registration, he is in trouble. The insurance will disclaim, and they may succeed. The only way to overcome that will be to show that no reasonable person in your son's position would have expected a claim to be made.

Otherwise, he's looking at a $20,000 hit for legal fees, so he would be well advised to see a doctor to confirm that his aching back is due to the accident. In other words, his best bet for making the claim go away is to sue for a million dollars and request a court order to seize assets of the uninsured and impoverished driver who is simply a great pile of evil intentions.