David Gordon Hart's Answers

TX i was in a car crash and the driver did not have insurance who was at fault

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. David Hart

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If an insured driver without a valid DL hit me is their insurance co liable

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 (817)485-8888

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What should I do if the Police hit my parked vehicle and refuse to pay for it?

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...

Can some one sue for an accident that happened on private property that happened over a year ago

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...

Insurance of druck driver that tolal my truck wants a statement of the accident from me

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.

Can I file for "loss of use" in Texas? My car was totaled in an auto accident.

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.

Can I respond to this on my own or do I need and attorney?

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...

How can I collect for repairof my car

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.

I need a PI lawyer, tx auto accident, to take the place of my current lawyer who has decided to withdraw after filed in court.

The most important thing to look for is whether or not the attorney is Board Certified - Personal Injury Trial Law by the Texas Board of Legal Specialization. It is important to be 100% truthful with the attorneys you interview to take your case. Most attorneys will very closely scrutinize cases where another lawyer has withdrawn, but one can find personal injury lawyers that are truly Trial Lawyers, lawyers willing to go the full distance with their client if the facts of the case justify it.

If someone hit and has insurance but later their insurance co say that they did'nt have a DL are the insur co still liable.

If the unlicensed driver was a "covered person" under the policy, and the unlicensed driver did not make any misrepresentation to the insurance company at the time the policy was purchased, as a general rule, there should be coverage if the policy was still in effect at the time of the accident. Further, if the unlicensed driver was not an excluded driver, and was driving with the insured's permission, generally, there should be coverage. There may be other insurance coverage as well. You...