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.
Yes. Sue her for negligent entrustment.
Daniel D. Horowitz, III*
Abraham, Watkins, Nichols, Sorrels, Agosto & Friend
800 Commerce Street
Houston, Texas 77002
1-800-870-9584 Toll Free
*Board Certified in Personal Injury Trial Law by Texas Board of Legal Specialization
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.