Legal Question in Personal Injury in Texas

I reside in Austin, TX. I was hit by a car, driven by a non-licensed, non-insured driver. It totaled my car. The other driver got ticketed for no insurance, no license, and at-fault accident. She gave a false address, so everything the insurance company (Farmer's) has sent her has been returned. I am a NICU RN, and my wrist was injured (my lleft wrist and I'm left-handed), so was out of work for three weeks, just doing light duty with reduced hours, and have to wear a brace for three more weeks, with reduced hours. Also, I was out $2500, which I had to put down on a car, since my car was totaled. Should I try to take this woman to small claims court?

Asked on 5/20/10, 3:04 pm

3 Answers from Attorneys

Michelle Wan Thomas & Wan

You should check with your own insurance company because you may have "underinsured" or "uninsured" motorist coverage. If so, your own insurance company is required to pay for your medical and car. You may also have PIP coverage which pays for medical bills regardless of whose fault it was. Going to small claims probably won't help--if this person had no insurance, it's doubtful they have any money to pay a judgment. Feel free to call or email with further questions.

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Answered on 5/25/10, 10:59 am
Parker Polan Briggle & Polan, PLLC

You should open an uninsured motorist claim with your insurance company. I have handled several uninsured motorist claims successfully in the past year. If you would like to discuss this matter and get some advice, feel free to call me at (512) 472-8318. My office is located conveniently in downtown Austin.

Parker Polan

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Answered on 5/25/10, 12:12 pm
Parker Polan Briggle & Polan, PLLC

I can help you run a search to find out the owner of the vehicle and see if the vehicle was covered under any policy. If it turns out the vehicle was uninsured, I can assist you with dealing with your own insurance company. My number is (512) 472-8318.

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Answered on 5/25/10, 3:49 pm

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