Legal Question in Personal Injury in Texas

Liability Claim

I have been seeking resolution of a claim I filed against the woman who was at fault in a car accident sustained on 9/21/07. She has been uncooperative with her insurance company. The ins. company originally said they could make a liability decision without speaking with the insured after 21 days. They refused to do so, despite having a police report indicating she was at fault. Now, after 36 days, they have finally denied it.

Can they legally deny this claim? Can they still be held legally liable for these damages?

I am now going to file on my uninsured motorist policy. A second estimate indicated my car may be totaled (1st estimate was $2500 and 2nd est. was $3700 in damages). I also had a rental car for the first month for a total of $945. Do I have a chance of getting my car fixed and the rental paid for through insurance, or should I sue the individual directly? If I sue, should I sue for treble damages since she has willfully refused to cooperate with her insurance?

Asked on 10/31/07, 4:27 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Liability Claim

Go to small claims your fee and let the Judge only get the cost of repair or the market value of your car, whichever is less, plus rental, if any for a reasonable time...No you don't get treble..etc..only from your own insurance, and it is not responsible if the woman had insurance...good luck

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Answered on 11/01/07, 8:50 am

James Grissom Law Office of James P. Grissom

Re: Liability Claim

If your insurance company is going to pay the claim, let them fight it out. It's their money. I understand your frustration, but they can recover from her insurance company easier than you can because they do it every day.

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Answered on 10/31/07, 5:59 pm

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