My truck is totaled, what can i do now?

Asked over 1 year ago - Dallas, TX

Sunday night my daughter (age 18) whet to the store (SHE IS NOT ON MY LIABILITY INSURANCE) while turning the stop sign a 2010 i think lexus crashed into her at full speed while smoking marijuana i should add making major damage to my jeep. it was 2 blocks down my house so i rushed there and my daughter is not hurt physically but mentally. we got a police report and everything. today i went to get the police report and found out he has NO INSURANCE. Basically, my question is what can i do now? i mean i have liability does that mean i should just let this go? My truck is at a truck pawn as we speak and i need to know if i will recive my money back as is was not my fault but his.

Attorney answers (5)

  1. Daniel David Horowitz III

    Contributor Level 14

    7

    Lawyers agree

    Answered . Provide the police report showing no insurance to your own insurance company and file a claim for uninsured motorist benefits.

  2. Henry L. Moore

    Contributor Level 9

    7

    Lawyers agree

    Answered . If you have collision coverage and your daughter was not an excluded driver (even if she is not listed on the policy) your insurance company should pay for the loss. If you do not have collision coverage but you have uninsured motorist coverage for property damage, your company should cover it. If you do not have UM coverage but you did not waive it in writing, your company must provide the coverage. (If you did waive it, get it next time. It's great coverage and it is usually cheap). If you do not have any of these coverages on your policy, then you can report the collision to DPS and see if they will suspend the other driver's drivers license. They have a procedure for this, and if you can get them to do it, the other driver will have to make arrangements to pay you or lose their license and registration. It's a pretty good club to wield.
    Good luck,


    [henry picture]
    Henry Moore, Attorney
    Board Certified, Personal Injury Trial Law
    316 W. 12th, #318
    Austin, Texas 78701
    512-477-1663
    512-476-6212 fax
    henry@moorelegal.net

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  3. Jacob Charles Boswell

    Contributor Level 6

    3

    Lawyers agree

    Answered . I would suggest retaining an attorney right away. My office is located in Dallas and specializes in car accidents and personal injury. I can be reached at 972-357-5737.

  4. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . You should immediately contact a local attorney as there could be personal injury to your daughters mental well being and or her physical self in the days and weeks to come. Also, in regards to your truck, an attorney can ensure you receive the credit you deserve.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. Cesar Garcia

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Review your Auto insurance policy to see if you have UM (Uninsured Motorist) coverage. If you do, then provide your insurance with a copy of the Police Report showing the other motorist does not have insurance and the UM policy should take care of the Property Damage and Bodily Injury claims. There might be a deductible for the Property Damage claim.

    Also, if you insurance company says that you do not have UM coverage, then ask for a copy of the denial of UM coverage you signed. If they cannot provide you with a copy of the denial, by law, they have to honor the coverage. If this policy is unavailable to you, you might want to call the Attorney General's office Crime Victim's Compensation Fund Department to see if you qualify for compensation. However, you always have the right to sue the at-fault driver for damages but collecting on those damages will prove difficult without insurance.

    Lastly, you should get your car out of the storage facility as storage fees will accrue rapidly and you have a duty to mitigate your damages. You should contact an attorney in your area for legal advice and representation.

    This answer is meant for information purposes only. No attorney-client relationship has been established between... more

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