I am licensed in Nevada, but this Answer should apply in Texas as well.
If the driver was the owner of the car or driving with the permission of the owner, the owner's insurance should provide coverage for the damages you sustained in the accident.
Hopefully, you did not suffer any personal injuries as a result of the accident and should have your car repaired or replaced by his insurance (up to the policy limits of his coverage).
If you were injured, seek treatment for the injuries caused by the other driver's negligence and an attorney to represent you in your case. You should also check with your policy and discuss issues such as medical payments and/or personal injury protection coverage with your attorney. You can find more information on insurance coverages on our website at http://capandkudler.com/useful-information/about-automobile/.
It appears that the Statute of Limitations on property damage and personal injury cases is two years. This means that you have two years from the date of the accident (excluding certain technical rules) to file a lawsuit on these damages or forever lose your right to do so.
Hope this helps.
/s Donald Kudler
His insurance, assuming it was valid at the time of the collision, will be responsible for providing a defense and indemnifying him up to the extent of the policy limits. If you were injured in the collision, you should seek appropriate medical care and be VERY careful about discussing this matter with the insurer as their goal is to limit your recovery as much as possible (that is how they make/retain their money).
I would be happy to discuss your options – feel free to call me at 817/877-3355.
If he had insurance coverage at the time of the collision, his insurance company will pay for any loss within the policy limits -- this includes property damage and personal injury.
Sam K. Mukerji
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