Legal Question in Personal Injury in Texas
I was involved in an automobile accident where the vehicle that hit me was insured. The owner of the vehicle's daughter was driving but is now saying that she was not driving and it was her boyfriend who was driving. The insurance company is saying that the boyfriend is not listed on the policy and is declining to pay. The daughter gave me her insurance and driver's license on the scene. I don't have any info on the boyfriend.
Who do I sue. All of them? Is it possible to sue them collectively?
-Phil.
2 Answers from Attorneys
Usually, family members are excluded if not listed on the policy. Is the insurance company declining to pay because the boyfriend is excluded from the policy or because they don't think he is responsible for causing the collision?
If you were injured, you should hire an attorney. Please let me know if I can help. If not injured and only your vehicle was damaged, then you should turn in a claim with your insurance company if you had collision coverage. If no such coverage, then you should consider suing the driver in small claims court as long as your damage is $10,000 or less.
Mr. Merrill is correct.
If it was a cheap-liability-only policy that the other driver had then the boyfriend driver may have been excluded...but he may have his own insurance.
Bottom line, there are too many "what if's" to give you a firm answer without reviewing all of the facts.
If you were hurt, that you should hire an attorney. On balance, attorneys add way more value to a claim than their fee. Personal injury lawyers are retained on a "contingency fee" meaning you don't pay them unless they recover for you.
Feel free to call for a free consultation: 512-827-7548. Even if we can't help you, we may be able to point you in the right direction.
Good Luck!
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