My escalade truck was parked outside my cousins house, was hit by a drunk driver which was taken in custody few days was out

Asked over 1 year ago - Houston, TX

his uncle is the owner of the truck he was driving which result in no damage, uncle denied fixing my truck, because he was not driving. i had to pay for all damages which total almost $10,000
i sent certified letter for court, but never was received by owner court clerk told me i need to look for him by myself, do u recommend i leave case open since he never respond

Attorney answers (9)

  1. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . I recommend you hire an attorney and stop trying to deal with a complex system on your own!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Steven Mark Sweat

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . You need to track down a good address for him and get him served. Consult an attorney in TX to know for sure.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. John K. Horany

    Pro

    Contributor Level 5

    7

    Lawyers agree

    Answered . It is unclear whether you are referring to the criminal case against the driver or a separate action against the owner of the truck which hit your vehicle. Very important to consult an attorney within two years of the date of the incident; normally property damage claims are handled without lawyer involvement here in Texas but your situation has a number of variables that probably need to be reviewed by an attorney. A consumer law attorney might be a good choice as well. Contact the Houston Lawyer Referral Service at 713/237-9429.

  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . Many States have procedural requirements that call for the defendant to be served with process within a set time period after the action has been filed/commenced. If Tx has such a requirement, you can not leave the case "open" indefinitely. There may be tactical reasons not to do that, as well, aside from statutory time periods for completing service . Consult with an attorney without delay.

  5. David B Pittman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you want the best results in this situation, you should hire a lawyer to help you.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . I assume that there was no insurance? You would want to retain a local lawyer who can investigate pursuing a claim against the driver.

  7. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . No collision insurance?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your claim needs to be filed against the automobile liability insurance company that insured the vehicle which struck yours. Check the police report for the insurance information and you file the claim with them.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  9. Cameron Lee Hogan

    Contributor Level 11

    Answered . Hire a local attorney ASAP. These are issues attorneys deal with on a daily basis and can handle, but can be very confusing to someone unfamiliar with the process.

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