No insurance and no license driver hit me

Asked over 4 years ago - Mcallen, TX

an 18 girl in Texas hit my tahoe she had no insurance or license and the van she was driving did not belong to her either , had a lawyer drop the case because they said they couldnt do anything is this true, what are my options what can be done i have several medical bills as i was taken to the hosp by ambulance and have a problem with my shoulder and im in pain still, cant something be done? to her or the owners of the car??

Attorney answers (3)

  1. Phillip L. Wray II

    Contributor Level 12

    Answered . I agree with attorney Taradji's assessment of the factors that might have gone into your attorney's decision to drop the case. If the owner of the vehicle allowed her to use the car and she was not an excluded driver, then the owner's insurance would be responsible for your damages if the driver was at fault. I suspect the owner did not have insurance or the other driver was excluded under the insurance policy and this is why your attorney dropped the case. If the other driver and the owner of the other do not have insurance, it would be very hard to collect on any judgment against them even if you prove liability. Your best bet may be to make the personal injury protection (PIP) and uninsured motorist claims against your own insurance.

  2. David Inpyo Lee

    Contributor Level 14

    Answered . if she was a permissive driver, you should be able to go after the car's insurance (if there was any); if not, you can claim through your own insurance (uninsured motorist and medical pay). You should consult with a personal injury attorney in your state as each state has different laws.

  3. Nima Taradji

    Pro

    Contributor Level 16

    Answered . The only reason why I would think that the lawyers did not take the case was if the kid was not a permissive driver, or was an excluded driver, or there was no insurance, or you did not have insurance or all of the above.

    If the other car had insurance and the kid was not excluded, you can make a claim with the other car owner's insurance and get compensation for your injuries.

    If the all of the above is true except that you had insurance, you should be able to make an uninsured motorist claim and get yourself compensated that way.

    If no one had insurance, I can see why the other attorneys dropped the case as suing an 18 year old and getting a judgment against her is an exercise in futility--unless the 18 year old is a trust fund baby in which case she would have had her own car and insurance.

    Try a different lawyer to get a second opinion and to make sure you understand why the attorney is not taking your case--if that is indeed the decision he makes.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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