help with car accident on parmer (Houston, Crockett: insurance, attorney, wages)

[Shredding_Gnar78]

hi all,

my gf was driving east bound on parmer about 6 months ago when the car next to her swerved into her and caused her to do a 180 degree spin. luckily she wasn't hurt.

the driver and passenger pulled over, and immediately the passenger ran off on foot. my g/f called me, the driver got on the phone with someone else.

i showed up about 10 minutes later. i asked her if she had insurance and she said no. i told her i was going to call the police and she said "fine, call them"

she then walked off for about 20 minutes to meet up with the passenger and hand him whatever contraband they had in the car.

my gf said he had a big scratch across his face from her fingernails... that they were in a violent argument while driving and that is what caused the driver to lose control and put my gf's live at risk.

the police showed up 40 minutes later or so. they interviewed her and told us she has an SR-22 and a horrific driving record. we were then told that her father owned the car, and he was liable. we were given an address on the police report.

the repairs to my gfs vehicle cost well over $1000. she doesn't have full coverage insurance.

we wrote a letter demanding compensation, with a delivery confirmation, and it was refused.

i called the SR-22 company, and basically gave me the run around, because without power of attorney i can't get any information.

my gf called them and they said
"our insured has a non-owner policy that provides auto liability coverage to an insured person. the policy does not provide liability coverage if the vehicle is owned by any family member or is in the household"

so.. it looks like she was in fact driving without insurance and the APD let her go? anywayz the SR22 company isn't going to pay a dime.
my gf is emotionally and financially hurt by this incident. apparently we have 2 years from the date of the accident to file legal action.

anyone know how the SR-22 liability system works? The APD told us that her license will be suspended and issued her a citation... not sure what the charge is tho.

thanks

[CarnivalGal]

Don't know much about the SR-22 system, but I would contact an attorney or see about small claims court. If you win against her in small claims court, and she still doesn't pay, I believe they can take money out of her wages.

[CarnivalGal]

Also, bit of advice to everyone. If you are involved in an accident, call the police first, then call other people. Also, take pictures of the cars (including license plates) with your phone while you are there.

[scm53]

Sounds like the owner has "named person" coverage. What does your GF's insurance company say? When you say she doesn't have "full coverage", does she have uninsured motorist coverage? Because if she does, that's who should pay now. UM is required in Texas, but can be deleted on renewals. Check, because they will decide if they want to fight with the vehicle owner.

As far as your options, small claims court is the right path. You need to find out what JP covers where the owner lives - the owner, not the driver. Since the vehicle was being driven with the permission of the owner, they are liable as well. He's the only one with any assets, so go after him. In Texas, you cannot garnish her wages. Thank Davy Crockett and Sam Houston (if you think I'm kidding, go read Texas history). You will have to file, and go to court.

Good luck in court - and use this as an object lesson on why to carry UM/UIM insurance.

[RoadWarrior12]

You need to file against the owner of the vehicle, since the named non owner policy the driver had will not provide coverage in this situation.

The SR-22 is irrelevant to the issue at hand, as that only goes to the license status of the driver. If her NNO policy was valid at the time and she was current on surcharges, her license was valid.

[verybadgnome]

Are small claims courts still around? Little-known state law doing away with small claims courts - Houston Chronicle

[scm53]

Originally Posted by verybadgnome

Are small claims courts still around? Little-known state law doing away with small claims courts - Houston Chronicle

Handled in the JP courts.