I do have all the person involved, insurance information but she can't or does not want to pay. what can i do at this point.Thanks a lot to all the Lawyers responses. Just like an additional comment,yes I was injured and my Daughtere (minors) were too. I took it to the court and the judge's default was in my favor, the court ordered the insurance to pay me and my Daughters for damages and injuries But the insurance company,did not wanted to pay and instead they said if I find their customer (the lady that did hit my car) then they will pay, That is why I am asking if I can sue them, because I haven't been able to find the driver. Thanks in advance
The answer to your question is probably yes, but it depends on a number of factors. Were you injured? Did you suffer property damage? If the answer to either of these questions is yes, then you can certain pursue a legal claim against the person who caused the injuries and/or damages. Your best bet is to immediately consult with an attorney in your area so he or she can begin working on this for you. Feel free to call my friend (and excellent attorney) Bob Schwartz who is in Houston for advice on this matter. You can reach him at 1-866-715-1529. Good luck to you.
If the other person was at fault for causing the collision, she is responsible to pay all past and future medical expenses, lost income and pain and suffering caused by the collision. She is also responsible to pay for your property damage.
Generally you first make a claim with the insurance company to see if it is willing to pay for your damages. If the insurance company is not willing to pay some or all of the damages you are entitled, your only recourse is to file suit. Generally the suit is filed against the individual, not the insurance company. The insurance company then hires a lawyer to defend the individual and ultimately pays any settlement or judgment.
I suggest you contact a good Houston personal injury attorney to advise you. Many lawyers will give you a preliminary evaluation over the phone.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
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Mr. Terry is correct. It sounds like a good case if you were injured that should be reviewed by a local attorney and most would do it for free.
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