Visitor Question

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

Submitted By: Michelle (Rosenberg,TX)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Michelle,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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