Hit by uninsured driver using their parents vehicle

[typeflex]

Jurisdiction

Texas

Hello,

Last month I was hit by a person causing extensive damage to my vehicle (total loss). The other driver was issued the citation for being at fault having caused the accident. I filed a claim against the insurance provided on the accident report only to discover the following:

1) Driver was uninsured (although was not given citation for no insurance at the time of the accident) and claim was denied.

2) Driver (adult over 18) was using relative's vehicle (registered to relative's name).

I am now seeking to pursue suit in civil court.

My questions are:

1) What is the complaint formally known as in legal terms (Is it simply negligence)?

2) What other details should I include in the complaint section?

3) Will I specifically seek compensation for damages from the vehicle owner or from the driver as well?

4) Are there any additional things I should include aside from receipts and billing statements?

5) Is it necessary to include my sources of income (section on suit requesting my information)?

Your help is VERY MUCH appreciated

 

[mightymoose]

Your own insurance is not covering the loss?

I suggest you visit a local attorney with this rather than try to do it yourself. You will have much better results with legal assistance.

 

[zddoodah]

What is the complaint formally known as in legal terms (Is it simply negligence)?

Your cause of action against the other driver would be for negligence.

What other details should I include in the complaint section?

Folks on a message board are in no position to provide a step-by-step, how-to guide on how to draft a civil complaint. If you don't want to hire an attorney, then I suggest you visit a local law library.

Will I specifically seek compensation for damages from the vehicle owner or from the driver as well?

I have no idea what you "will do." You certainly could include the vehicle owner in the lawsuit and allege negligent entrustment. We have no way of predicting whether or not you'll succeed.

Are there any additional things I should include aside from receipts and billing statements?

5) Is it necessary to include my sources of income (section on suit requesting my information)?

Include in what? You wouldn't include any of this in a complaint.

The question "mightymoose" asked is a very good one.

 

[Highwayman]

What do you mean "the driver was uninsured"? Was the vehicle insured?

 

[Nashley428]

Hello,

Last month I was hit by a person causing extensive damage to my vehicle (total loss). The other driver was issued the citation for being at fault having caused the accident. I filed a claim against the insurance provided on the accident report only to discover the following:

1) Driver was uninsured (although was not given citation for no insurance at the time of the accident) and claim was denied.

2) Driver (adult over 18) was using relative's vehicle (registered to relative's name).

I am now seeking to pursue suit in civil court.

My questions are:

1) What is the complaint formally known as in legal terms (Is it simply negligence)?

2) What other details should I include in the complaint section?

3) Will I specifically seek compensation for damages from the vehicle owner or from the driver as well?

4) Are there any additional things I should include aside from receipts and billing statements?

5) Is it necessary to include my sources of income (section on suit requesting my information)?

Your help is VERY MUCH appreciated

I can recommend a website that taught me so much information that to this day has never disappointed. It will teach you everything you need to know to properly file a lawsuit from beginning to end. If you decide to do it yourself, this is your best bet at doing it correctly.

SELF PROMOTION or SPAMMING for others isn't allowed.

Please don't do that again, thank you!

One of the mods.....