Legal Question in Personal Injury in Texas

hit by 16 y.o. unlicensed driver

I was a passenger in a auto. We were hit, head on, by a 16 year old unlicensed driver . She was operating her mothers car and had no adult in the auto with her.

Do I have a case against the mother for allowing her daughter to drive unlicensed? Painfully injureid in TEXAS.


Asked on 3/19/08, 7:49 am

6 Answers from Attorneys

Michelle Wan Thomas & Wan

Re: hit by 16 y.o. unlicensed driver

I'm sorry to hear about your accident--it certainly sounds like you have a case against the mother. In Texas, the claim is called negligent entrustment--in other words, the mother entrusted her car to a person she knew was unlicensed.

The real key is to find out if the driver's mother had insurance. Also, you should have "underinsured/uninsured" coverage on your own insurance policy.

If you have further questions, please do not hesitate to email.

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Answered on 3/19/08, 9:57 am
Brandon Manus Manus Law Office

Re: hit by 16 y.o. unlicensed driver

I'm sorry for your accident. Yes, there may be a case for negligent entrustment, you may have to sue the mother and child both to receive compensation. The driver of the car you were riding in may have insurance that will also cover your expenses. Please feel free to call for more information.

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Answered on 3/19/08, 10:33 am
Gregg Oberg Oberg Law Office

Re: hit by 16 y.o. unlicensed driver

Yes, you may have a "negligent entrustment" case against the mother. Often, there are coverage issues is this situation; you may need to consider whether other coverages apply, such as Uninsured motorist, etc.

Call me if your would like to discuss your options.

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Answered on 3/19/08, 11:01 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: hit by 16 y.o. unlicensed driver

yes...and if injuries are severe, you may need to collect from your own insurer for personal injury protection and underinsured motorist as the child may be excluded..it is a waste of your money to try to collect from the mother if no insurance coverge...if you want help, call us.

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Answered on 3/19/08, 12:06 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: hit by 16 y.o. unlicensed driver

yes...and if injuries are severe, you may need to collect from your own insurer for personal injury protection and underinsured motorist as the child may be excluded..it is a waste of your money to try to collect from the mother if no insurance coverge...if you want help, call us.

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Answered on 3/19/08, 12:06 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: hit by 16 y.o. unlicensed driver

I am sorry for your pain. It seems that you have a case against the owner for negligent entrustment. I would be happy to speak to you for free. Call me, Pasquale Calcagno, Esq. of Calcagno & Associates at 1(800)WE-FIGHT or visit us on the web at www.ny-injurylawyer.com for helpful hints and resources regarding personal injury matters.

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Answered on 3/20/08, 1:25 am


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