Fiancé was driving my car and got hit from behind by uninsured driver...

by Michelle

My fiancé was driving my car with my insurance, which is just liability coverage. He's not listed as a driver on my policy, but I let him drive because he had to work late. He was on his way home driving down the freeway, when he was struck from behind. The car spun out of control and hit both barriers on both sides of the freeway.

He was taken by ambulance to the hospital. He is still in a lot of pain but looks like he'll make a full recovery, hopefully. A truck driver happened to be driving not far behind him and saw the entire incident take place. He said my fiancé should sue the guy big time for what he did.

So we have a witness, and the police were called and information was taken down, but I don't know what do. The person at fault has no insurance, and like I said, my fiancé wasn't at fault, but isn't listed as an insured driver on my policy.

My car is totaled and is at a garage as I write this. Am I just out of luck, or can we sue? How do I do it? This happened in Houston, TX. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Fiancé was driving my car and got hit from behind by uninsured driver...":

Michelle (Rosenberg,TX):

Your fiancé may still be covered under your liability policy if at the time of the collision your liability insurance included personal injury protection or uninsured/underinsured motorist. If so, your fiancé can probably file claim with your insurance company.

If you did not carry personal injury protection or uninsured/underinsured motorist coverage at the time of the collision, your fiancé has a legitimate claim against the uninsured driver for his personal injuries. You have a separate claim against the negligent driver for the property damage to your car.

Because your fiancé's injuries were quite serious, he would be best served by contacting a personal injury attorney. Most will not charge for an initial office consultation.

The attorney can initiate an asset check against the negligent driver to determine if he has sufficient assets to cover the injury compensation. If so, your fiancé's attorney can initiate a negligence lawsuit against the driver.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Uninsured Accident Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: