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My escalade truck was parked outside my cousins house, was hit by a drunk driver which was taken in custody few days was out

Houston, TX |

his uncle is the owner of the truck he was driving which result in no damage, uncle denied fixing my truck, because he was not driving. i had to pay for all damages which total almost $10,000
i sent certified letter for court, but never was received by owner court clerk told me i need to look for him by myself, do u recommend i leave case open since he never respond

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Attorney answers 9


I recommend you hire an attorney and stop trying to deal with a complex system on your own!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


You need to track down a good address for him and get him served. Consult an attorney in TX to know for sure.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


If you want the best results in this situation, you should hire a lawyer to help you.


Many States have procedural requirements that call for the defendant to be served with process within a set time period after the action has been filed/commenced. If Tx has such a requirement, you can not leave the case "open" indefinitely. There may be tactical reasons not to do that, as well, aside from statutory time periods for completing service . Consult with an attorney without delay.


No collision insurance?

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


I assume that there was no insurance? You would want to retain a local lawyer who can investigate pursuing a claim against the driver.


It is unclear whether you are referring to the criminal case against the driver or a separate action against the owner of the truck which hit your vehicle. Very important to consult an attorney within two years of the date of the incident; normally property damage claims are handled without lawyer involvement here in Texas but your situation has a number of variables that probably need to be reviewed by an attorney. A consumer law attorney might be a good choice as well. Contact the Houston Lawyer Referral Service at 713/237-9429.


Your claim needs to be filed against the automobile liability insurance company that insured the vehicle which struck yours. Check the police report for the insurance information and you file the claim with them.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Hire a local attorney ASAP. These are issues attorneys deal with on a daily basis and can handle, but can be very confusing to someone unfamiliar with the process.

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