In Texas employers that do not have workers compensation insurance are called "non-subscribers." A non-subscriber loses the defenses of contributory negligence of the employee and cannot blame co-workers for the accident. Additionally, one must only prove 1% negligence to win the case.
A lawsuit must filed within 2 years of the date of the accident. If she was under 18 at the time of the accident, she has until her 20 birthday.
I believe your daughter has a case. Whether she...
You should talk to a local, Texas Board Certified Personal Injury Trial Lawyer as quickly as possible. Your problem is pretty common. The insurance company seems to want to settle with you for a small amount. While most case like this do settle, the insurance companies and their lawyers know which attorneys will take your case to trial if needed. They also know the attorneys that will settle cheap. Consult a specialist!
Whether or not a party has insurance does not determine fault. You stated that the other driver ran a stop sign, that would usually make the accident the other driver's fault. You should contact a Board Certified Personal Injury attorney in Texas to further determine your options.
Whether the insurance company is responsible for the acts of an unlicensed driver may depend on the unlicensed driver's insurance policy. Generally, if the person is a named insured, then there would be coverage, but insurance policies from different companies have different exclusions. You should contact a Board Certified Personal Injury attorney as soon as possible to determine all of your options.
David G. Hart
Assuming you can prove the officier was lookiing somewhere other than where she was driving, you may have a case for the damage to your truck. The first order of business is to send written notice of your claim against the city. This notice must inform the city of your identity, what happened, what your damages are and what you claim was done wrong. This notice must be received by the City Secretary, usually, within 6 months from the date of the accident. Some cities have a period as short...
The owner of the motorcycle can sue, generally speaking, up to two years after the accident. There are very limited exceptions to this two year limit (statute of limitations). The owner of the motorcycle may have a valid claim against your daughter, the driver. The owner of the motorcycle may also have a valid claim against you if your daughter was an unlicensed or incompetent driver and if the accient was her fault. You, as the owner, may also be held responsible if your daughter was your...
You should contact a Board Certified Personal Injury Trial Lawyer in Texas before agreeing to give a statement. In a case like what you are describing, I usually advise that a lawsuit should be filed immediately without giving a recorded statement. There is evidence that is best preserved and obtained after a lawsuit is filed.
Not against the person that caused the accident or their insurance carrier. If you have coverage for a rental car on your policy, you can make a claim for a rental car on your policy, depending on the policy language.
If your son lived with you, and was not specifically excluded from the policy before the accident, your insurance company probably has the duty to defend you and your son.
The very first thing you should do is make several copies of the petition and citation. Send them to your insurance company by certified mail, return receipt requested with a letter telliing them to defend you and your son. Also, hand deliver a copy of the letter, petition and citation to your agent. Call your agent and...
Since there is probably no insurance coverage, the chances of recovering the property damage is low. You have one big stick to wield. If you get a judgment against a negligent uninsured driver, you can register the judgment with the Texas Department of Public Safety Drivers License Division, and it is possible to suspend his drivers license until he pays for the property damage. Good luck.