Do your represent small claims court cases?

Asked over 4 years ago - Dallas, TX

My daughter's parked car was hit by an uninsured driver at her appt's parking lot. There were witnesses and stopped her.She works for a lawyer and hearing was set for 4/23/10. It was dismissed on grounds of wrong district filed. We filed that same day at MArsh Ln. District court. We need a laywer.

Attorney answers (3)

  1. Phillip L. Wray II

    Contributor Level 12

    Answered . I agree with Mr. Blaszkow's recommendation. The problem with filing suit is not proving the fault in the case, the problem is whether any judgment would be collectible. Texas is very debtor friendly which means, in this situation, you can't garnish the person's wages to collect your damages. Unless the at fault party has a fairly significant amount of assets, you likely could not seize any of her property to satisfy the judgment. The quickest resolution would be to seek reimbursement under your daughter's uninsured motorist coverage and let the insurance company try to get back its money if it chooses to do so. Most personal injury lawyers provide a free initial consultation so feel free to meet with one for a second opinion. Take care.

  2. Joseph A Blaszkow

    Contributor Level 15

    Answered . Your daughter should have uninsured motorist coverage on her own policy. If this is true, it would be simpler, easier, cheaper, and less stressful than suing the uninsured mororist, and trying to collect from them. Good luck.

  3. Sam Louis Levine

    Contributor Level 14

    Answered . Your daughter needs to file an uninsured motorist coverage claim with her own insurance company.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,998 answers this week

2,992 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,998 answers this week

2,992 attorneys answering