Small claims court what can i sue for?

Question

hi, in october/ september 2007 i was t-bone by another vehicle which caused me to go to the hospital, i incurred injuries, medical bills, lost wadges and damages to my vehicle. The other persons insurance has denied my claim and now i want to take the people responsible to court. i have a few questions pls help.

#1 who do i sue the owner of the car(who its registered under) or the driver?

i also want to include their insurance company as well

#2) what can i sue for in texas ? they said i cant (cannot)sue for lost wadges or pain and suffering. Are there any other legal terms i can sue for regarding my injuries or lost wadges? i know i can sue for damges,medical bills, and court cost, but is there anything else i can sue for? In texas the limit you can sue for $10,000.00 (houston,harris county)

thank you pls. help ohh by the way i was being represented by a lawyer but since they denied the claim he doesnt want to continue with it.

Answer 1

This is what I think, sue the driver. Don't mess with their insurance because if you win your case the driver has to pay you.  The driver can then deal with the insurance if he/she wants them to help pay for it.    

This site tell you a **** load about Texas small claims:

http://www.texasbar.com/Template.cfm?Sec...

Also I've read several times that texas's allowed amount is $5,000. One site I read that at is:

http://www.small-claims-courts.com/court...

As far as what you can and cannot sue for in Texas... no idea... But when you go to pick up the form for filing you should recieve a small booklet with info, but go ahead and ask where you can get more info from the person giving you the form.

Answer 2

You didn't say why you claim was denied. Did the insurance lapse? Was the other driver solely at fault? We're you issued any tickets or a DUI? Did you have an attorney represent you?

I worked as a legal secretary for a personal injury attorney. If the other driver was at fault, then you are entitled to compensation for medical bills, lost wages, and property damage. Just because an insurance company denies your claim, doesn't necessarily mean they have the last say.

If you did not do this through an attorney, I urge you to discuss it with one. Most will take a PI case on a contingency basis, meaning that they do not get paid unless you get compensenated. Most attorneys will do this for a 1/3 of any settlement proceeds.

You could sue the driver responsible, however, unless they are very wealthy, the chances of you getting any satisfaction are much less than settling with an insurance company. And, if you do decide to sue the individual, then be prepared to hire an attorney and have a big honkin' retainer fee up front, with little, if any chance of recovery.

There is also a possibility of turning ina claim to your own insurance company. Many drivers have an 'uninsured' or an 'underinssured' clause in their policies. If your injuries and damage are significant, then you may want to look at your own coverage and see what they will cover. It will make your rates go up in the future, but that would probably be better than paying for everything out of pocket, particularly if you don't have medical insurance or if it is not adequate.

And generally, claims such as this, if they involve a significant amount of money, then small claims is not where a suit woudl be filed. Where I live, I think the limit is 7,000. If it is more than that, then the claim has to be filed in District Court.

Answer 3

I do a lot of auto wrecks and always name the driver, all owners, and sometimes the insurance company if it refuses to pay an obviously valid claim.  You can even tap the insurance of relatives living with the driver or owners sometimes.  You may even have claims against passengers.  These things can be tricky.  I highly recommend you consult an attorney.  You'd be surprised how much better you can do, even after paying legal fees.