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Can I persue the owner of a vehcile with insurance driven by unisured Son?

Corpus Christi, TX |

TEXAS: Recently a driver ran a stop sign hitting my car on the rear end. He had no drivers liscense nor insurance. The vehicel is listed under this mother name who is insured. She has refused to pay damages because her son was excluded on the insurance. Her insurance will not pay for the same reason. Since it's her vehicle can I file a law suit on her and her son? I want to recover my deductable, since my insurance will not persue to recover money lost. I qualified uner the Unisured coverage.

Attorney Answers 2


  1. Yes. Sue her for negligent entrustment.

    Sincerely,

    Daniel D. Horowitz, III*
    Partner

    Abraham, Watkins, Nichols, Sorrels, Agosto & Friend
    800 Commerce Street
    Houston, Texas 77002
    713-222-7211 Phone
    713-225-0827 Fax
    1-800-870-9584 Toll Free
    832-483-3060 Cell

    dhorowitz@abrahamwatkins.com
    www.abrahamwatkins.com

    *Board Certified in Personal Injury Trial Law by Texas Board of Legal Specialization


  2. You can sue the mother and son and claim that the mother negligently entrusted the vehicle to an unlicensed and uninsured driver. If the son has previous speeding tickets, traffic violations, or accidents, your case will be even stronger on negligent entrustment, but giving the car keys to someone with no driver's license is probably going to win on negligent entrustment! Hopefully, the son had the mother's permission to drive the vehicle and did not take it without her knowledge, these facts will have to be discovered.

    i practiced law in Corpus Christi for about 8 years, so if you need the name of a good lawyer down there, call me at (972) 447-8388 and I can tell you some.

    Good luck to you.

    The information above is for informational purposes only, is not intended as legal advice, and does not create an attorney/client relationship.