Legal Question in Insurance Law in Texas

She didnt have a drivers license or liability insurance

my husband and i have liability insurance on both of our cars. my husband was in a acident in which a girl failed to yeild right of way at a stopsign. She had no license no liability insurance. We can not afford the time or money for a long process so we are filing in small claims court aginst her and the owner her husband. My husband and I are low income and i beleive they arent going to pay willingly or unwillingly how can i get what i deserve?


Asked on 2/24/05, 7:09 pm

1 Answer from Attorneys

Dan Street Street Law Firm

Re: She didnt have a drivers license or liability insurance

Unfortunately, under these circumstances, you probably won't get what you deserve. An estimated 27% of all motorists in Texas are driving without insurance. (That number rises to over 40% along the Texas-Mexico border.) It is absolutely essential for you to carry "uninsured motorist coverage" to protect yourself from this large number of uninsured drivers. I am sensitive to the fact that insurance is expensive. However, even a small collision can cost you thousands to repair your car and tens of thousands in medical bills and lost wages from work. Uninsured motorist coverage is truly the most important, essential insurance you can carry if you drive in Texas.

As to your situation, you are doing the right thing to take this person to small claims court (which is presided over by your local Justice of the Peace and has jurisdiction up to $5,000). However, even if you win and get a judgment, it will be difficult to collect from an individual without insurance. Once you get your judgment, I recommend you hire a judgment collection expert. Most will charge only a percentage of what they collect for you (you will not need any "up-front" money). The best one I know is James Kavitz at Document Preparation, Inc. His telephone number is (972) 880-7938. Call him once you get your written judgment. He knows how to pry money out of otherwise "judgment-proof" debtors. Good luck to you.

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Answered on 2/26/05, 2:02 pm


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