Legal Question in Personal Injury in Texas

I was in a car accident on Dec 4. A lady ran the red light and hit the driver back door and wheel area. She admits to the police officer that she was not paying attention to the lights; she was reading the street signs trying to find her way around town. The police report was issued on Dec 6. I called her insurance company and gave them all the information they asked for. They have not called me and given me any updates on the claim. They haven't even given me a rental car to drive. That was my only source of transportation. The car is not safe to drive I work everyday and I have two children 6 month old and a 7 year old. I have to pay people to take me to work and to get my infant to daycare. I have called the insurance company and left messages. They do not return my calls. . Can I sue her insurance company for pain and suffering? I don't know what else to do

Asked on 12/18/12, 12:17 pm

3 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Were you injured, or did you only suffer damage to your property?

Feel feel free to call for a free consultation: 512-478-8080

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Answered on 12/18/12, 12:27 pm

Donald McLeaish McLeaish&Associates;, P.C.

Call me or any injury lawyer now. One never sues the other parties insurer..only the driver or owner of the car. What kind of insurance did u have? liability only? if so, you must wait...but unfortunately no pain and suffering if u did not need medical care..and they are only responsible for loss of use of car, damage or repair to car.. most injury lawyers can refer you for medical treatment if needed...but the longer you try to settle..the less chance u have of recovering anything

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Answered on 12/18/12, 12:28 pm
Roger Merrill Merrill & Associates

You cannot sue her insurance company. Instead, you have to sue the woman who caused the accident. If you have collision insurance, you should turn it in to your insurance company. You can rent a car on your own. If you do, then you need to ask for an insurance rate and get a vehicle comparable to your car.

Some insurance companies drag their heels. It's aggravating, but it might be prudent to give it some more time before going to the trouble and expense of filing a lawsuit.

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Answered on 12/18/12, 1:13 pm

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