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While walking my son was hit by a car. The car had insurance but the driver did not. He was not on the Policy what can I do?

Grapeland, TX |

The insurance said he was not covered The young man age 23 was given permission to drive the car by his mother. What is our recourse. My son was injured and has not teeth left in his mouth .. leg and back injury short teram loss of memory and broken noise. This happened on July 7 2012. WE had a lawer but he said that the policy did not cover the driver. What other actions should we take. My son is disable before he was hit and now it is worse.

Attorney Answers 6


  1. I'm sorry to hear about your son. If you have UM on your own insurance, a lawyer could go after that, as well as file a lawsuit against the driver.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  2. I am assuming from your answer that the young man was actually an excluded driver. You could still bring a claim under your own uninsured motorist coverage. It is also possible you could bring a claim against the mother negligent entrustment. I would assume your prior attorney already looked at these possibilities, but call around to local attorneys and get a second or third opinion.


  3. I would try to talk with another lawyer. If unsuccessful then contact your insurance company and file an uninsured motorists claim.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. This is the kind of case my law firm handles routinely. You will want an attorney to weed through this mess. Call me, and I would be happy to discuss this case with you at no charge for the consult. 512-346-5688.

    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.


  5. If you have uninsured coverage on your vehicles, then you can make a claim for these benefits assuming your son is an "insured" under your policy. If your son had his own policy, then you need to find out if he had uninsured coverage and make a claim with his insurance company. You need to also see if you have PIP coverage and also make a claim for these benefits under any applicable policy. Please consult with an attorney who is board certified in personal injury trial law by the Texas Board of Legal Specialization about these issues. Thanks and have a great day.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


  6. The driver may have had his own insurance. If not, you can file a UM/UIM claim against your own insurance, as well as a PIP claim or a Med Pay claim if you have coverage for these things. Ever policy in Texas automatically comes with UM/UIM and PIP unless these coverages are rejected in writing. If the insurance company cannot provide you with signed UM/UIM or PIP rejection forms, you automatically have these coverages. You may also sue the driver personally or you may have a claim against his mother for negligent entrustment of a motor vehicle if the facts support this cause of action. Personal injury law can be complex and you should immediately consult with a good local personal injury attorney in your area.

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