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Fender bender with possible driving under influence, should i settle or get a lawyer

Houston, TX |

A few months ago my husband was driving w/ our 4 year old & was rear ended while at a stop sign. The car bumper was smashed in, the trunk bent in mildly, the fuel tanked damaged to the point of leaking. Her truck was completely fine. Both got seen by Dr.s and x-ray. Husband is still occasionally stiff in the neck, baby is now fine, was sore for a week or so. They claimed responsibility and offered to settle at 1500 plus bills & our car fixed. I researched & found the woman has 5 counts of illegal possession of prescription drugs, and driving while on them. Some were dismissed after the 1st charge stuck. She was CLEARLY under the influence of something at the accident, & the police gave her a sobriety test (i don't know if she passed) Is this a fair settlement or do i need a lawyer?

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Attorney answers 9


You need to hire a lawyer to help you, especially if there was a resulting DWI conviction from the crash.

Jim Mitchell Medley

Jim Mitchell Medley


Yes, if they pled guilty it could be used against them in a lawsuit.


Not just because I'm in Houston but you absolutely need to consult with an attorney. There is a reason they are offering money because they know their insured is responsible. But they are offering less money than they would with an attorney. YOU'RE NOT IN GOOD HANDS.

Jim Mitchell Medley

Jim Mitchell Medley


Nice jab at the insurance industry. Bu they could be as happy as a witch in a broomstick factory!


Was your daughter examined by a physician since the emergency room? Is your husband still treating? Speak with a local and qualified personal injury litigation attorney. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


As all have said, hire a lawyer. At least meet with an attorney who offers a free consultation to have a discussion about the damages you can claim, the likelihood of recovery, and the offer on the table. This is especially true if your husband is still dealing with his injuries.

There are many Houston area lawyers who will meet with you, including myself and several others providing answers to this question. My best to you.

Donivan Flowers is a licensed attorney in the State of Texas only. The answers provided in this forum are for informational purposes only and may not be used as legal advice. No attorney client relationship is reached with this lawyer by virtue of this website. To learn more about this lawyer, go to


You should post this question to civil / personal injury lawyers.


Never try to resolve a car accident case with injuries without a personal injury lawyer as you will only get offered a tiny nuisance settlement at best. Retain a lawyer so you can get Maximum Compensation.

Only 29% Contingency Fee! Phone: 215-510-6755


You may be entitled to punitive damages, so you definitely need to seek legal advice from a board certified personal injury attorney.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


You should not attempt negotiations with the insurance company. You need an auto accident attorney / personal injury attorney. Negotiating with the insurance company should only be done by an attorney!
Good Luck

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The value of your case depends upon a number of factors. One of them is the bad action of the other driver. Hire a lawyer to enhance this value. My firm would charge a fee only on the amount of additional recovery we could obtain for you, and not on the amounts they have already offered. Give me a call.

Responses to questions asked on this internet forum are not intended to form an attorney-client relationship. These responses are intended as general information only, and are based upon the attorney's understanding of Texas law ONLY. Other jurisdictions may have different laws, or may interpret the laws of the jurisdiction differently. For a more detailed response, contact Todd Kelly at the Carlson Law Firm: 512-346-5688.

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