Quote:
Originally Posted by cliffordwoeller
yeah well after talking to three more attorneys, they say that in the "great state of texas" if a person gets in to an accident and the driver is not the owner and not covered on that insurance policy, that removes the owner and insurance from all liability. Now they do say I can take the owner and driver to small claims court, which the most I can get from small claims is $5000.00. Was also told most attorneys will not take this kinda of cases because small claims court can be a very time consuming and lengthy process and there is not much money to be made. Have found one that would represent me, but he said he would need some money up front first amout ? $1,000.00 ... so yeah basically i am screwed
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No, you aren't screwed, you got hit from the rear and in court that basically means you win, there is no question as to whose fault this accident is.
Here is what I would do, get all your paperwork together, medical bills, damage from the car, etc and submit everything to small claims court. Then go to the driver and say you've submitted everything and explain to him that you would be willing to drop all charges against if he's willing to settle outside of court for a reasonable amount.
If he agrees, that's a win for you. If not, take him to court. Even if you only get a few thousand dollars, it's better than nothing.