QuestionState of Texas: My wife, driving her car was struck directly into the passenger side of her car by another vehicle whom did not slow or stop until he hit her. My wife's liability coverage had indeed lapsed. No insurance. No police were called. The gentlemen who hit her is insured. My wife was afraid to file a claim against the other driver when she found her insurance was void. What are the obligations of the other driver's coverage toward repairing my wife's auto, if any? In Texas then could there be actions by the state against my wife's operators license, or other sanctions?
AnswerHi Larry,
NO, OTHER THAN A TICKET AND PROOF OF INSURANCE REQUIREMENTS, there will be no repercussions from filing the claim. If there is going to be an problem with the state for driving without insurance, then that will come via the police or the state department of licensing.
You have a requirement to file a report with the state department of licensing, but most people do not know that. It is a form to keep track of where accidents happen, the injuries sustained, and whether or not insurance was carried. Now, Larry, do NOT EVER think I would tell you to ignore a legal requirement, but maybe, just maybe, you could make the property damage and personal injury insurance claims that belong to you and your wife WITHOUT EVER MAKING THAT FILING WITH THE STATE.
If the other side ignores filing the form, as one would think they would, then who is going to figure out that your wife had no insurance? Just a thought from what others have done.
Of course those single purposes of the accident form could be satisfied without the clerk ever sending the form over to the financial responsibility department. We just do not know what is going to happen there. But whatever happens, it will not be nearly so bad as your wife going without medical treatment for her soft tissue injuries, and of course there is also the matter of the money that should be paid to fix your car.
At most she would get a ticket and she would have the duty to file a SR-22 proof of insurance form for the future.
Hence, I WOULD PURSUE HIS INSURANCE RIGHT NOW.
I would file the claim versus his insurance ASAP. You have every right to get a third party award inasmuch as Texas is a tort state, not a no-fault state.
Hence get that claim going RIGHT NOW. AND GET HER TO A DOCTOR ON HER OWN MEDICAL INSURANCE RIGHT NOW. If your wife is driving without either auto or medical insurance, then get the tortfeasor's insurance to pay the bills as they come due.
But DO NOT DELAY ONE DAY IN GETTING IN TO SEE A DOCTOR. She sustained serious soft tissue injuries that will not go away. These will need treatment. Severe whiplash chiropractor help http://www.settlementcentral.com/page8010.htm
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.settlementcentral.com
