Rear Ended In Harris County, Texas

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Rear Ended In Harris County, Texas

I was rear ended in an auto accident in Harris County, TX and received the ticket.   My insurance payed everything. Is it to late for me to take action because i strongly believe it was not my fault? I posted my accident on your site. 5/20 & 5/21.There were no injuries in my car but car was totaled. She only had liability & I had full coverage. Can I still hire a Harris County, TX auto accident attorney?

Asked on June 1, 2009 under Accident Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Of course you can still hire a Harris County auto accident attorney.  The fact that your insurance paid for the repairs doesn't change that.  I'm not sure why you got the ticket; if you've already entered a guilty plea, it is probably too late to change that.

Reliable advice depends on giving your attorney all of the facts of your case, even those that might be embarrassing. Especially the embarrassing ones, because that's the only way your lawyer can be prepared for them in court.  One place to find an auto accident attorney in Harris County, Texas is our website, http://attorneypages.com.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The problem is that you got a ticket -which in the personal injury world - suggests that the accident was your fault.  If you go to court to argue otherwise, you will have a police officer and the person that was injured saying it was your fault.  I understand your frustration, but a lawyer is not likely going to take your case as your ability to collect is very low.  Also, you do not want spend lots of money on a lawyer based on the low chances of you winning.  If you think the police report really had no basis for finding you to be at fault, take a shot at going to small claims court where you can represent youself.

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, if your insurance pays for your damages, they will "subrogate against" (make a legal demand for reimbursement from) the at-fault party's insurance company in order to get their money back and possibly pay you back your deductible.  Contact your carrier and find out if they plan to do that.    Since your insurance covered all your damages, it would appear you have no expenses to claim against the at-fault party.  Had your insurance not paid for your damages, then, yes, you would have been able to file a claim against her and her company.


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