got a loss of vehicle claim. someone else was driving my car (without permission) on the date of the incident . i have text messages to prove it but I'm not sure that's enough . it obviously wasn't very bad because when the car was returned to us there was no scratches or dents. not sure what to do. my insurance went out 2 weeks before the incident . so i was not insured at the time
Unless your vehicle was stolen then you may still be liable. State laws do vary on this so consult with Texas counsel for confirmation.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Did you immediately report your vehicle as stolen? If not and you knew the person who took it and/or had let him or her drive it previously, this could be considered implied consent. You are correct in assuming that the text messages may not be ultimately admissible in court should it go that far. You are going to have to authenticate the text messages in court and prove that they came from your driver.
Since you chose to allow your auto insurance to lapse, you are now going to have to defend your case on your own dime if the other party comes after you.
You may want to consult with a defense attorney in your area to assist you in the event the other party comes after you for whatever damages were caused by your driver. You can use the "Find a lawyer" link at the top of the screen for the names of some in your area.
If the person driving your car was driving for you, you may be responsible for damages they cause.
You should contact an attorney in your state to best protect your rights and if needed, defend you.
For more information, visit www.herbertellis.com.
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