Legal Question in Insurance Law in Texas

passenger in a wreck

My daughter was involved in a wreck as a passenger when the driver fell asleep, and they hit a tree. She is covered by my policy for some of her medical bills, but the driver had only liability insurance.

I am not familiar with the laws in Texas, but am concerned with her being liable for the medical bills which i am guessing to be numerous as she has spent 2 weeks in a hospital with 2 surgeries.

what recourse does she have to protect her financial situation.


Asked on 7/30/08, 9:55 am

3 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: passenger in a wreck

As a "guest passenger" she has a claim against the driver's liability insurance. The health insurer might have a subrogation right against any claims she might have for medical expenses. I have handled these situations before and sometimes the injury settlement can be structured in a manner that protects her settlement.

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Answered on 7/30/08, 10:14 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: passenger in a wreck

We would be happy to help her. She should recover from the liability insurance of the driver..and there may be more. Have her call us ASAP...as to your insurance..I presume you mean health? how old is she..where does she live?where did accident happen..etc..

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Answered on 7/30/08, 10:34 am
Dan Street Street Law Firm

Re: passenger in a wreck

Falling asleep and hitting a tree constitutes "negligence" in Texas. Therefore, your daughter has a valid claim against the driver for medical bills, lost wages (if she works), physical pain, mental anguish ("suffering"), and perhaps other areas of damages as well. You also have a claim if your daughter is a minor and/or if you paid her medical bills. She definitely needs a competent personal injury lawyer to handle this for her. Please call my office and speak to one of our attorneys immediately.

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Answered on 7/30/08, 11:46 am


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