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My driver was at-fault, should I sue them?

September 25, 2023
In Texas, motorists are required to carry liability insurance in case they cause an accident. If your driver did not have insurance at the time of the accident, they can be personally held liable for damages they caused.

Responsible drivers will own their mistakes and should carry insurance to protect themselves and their passengers. We always recommend consulting with a personal injury attorney about your specific circumstance after a serious car accident.

In the best-case scenario, your driver has insurance.

You do not need permission from the driver in order to file a claim against them as their insurance company will be the ones responsible for paying for the damages they caused. However, we understand that there could be hesitation to pursue a claim and potentially sue the driver if they are someone you know personally.

There could be several reasons why someone might be hesitant to sue their driver if they were a passenger in an at-fault vehicle:

  1. Relationship with the driver: The passenger may have a personal relationship with the driver, such as being a family member or close friend. This can create emotional conflicts and make it difficult for the passenger to take legal action against someone they care about.
  2. Financial concerns: The passenger may worry about the financial implications of suing the driver. They may fear that the driver does not have sufficient insurance coverage or assets to cover the damages, which could result in a lengthy and costly legal process with little chance of recovering compensation.
  3. Loyalty and guilt: The passenger may feel a sense of loyalty towards the driver and may not want to hold them responsible for the accident. They might also experience guilt, thinking that they contributed to the accident in some way or that they should have done something differently to prevent it.
  4. Fear of retaliation: In some cases, the passenger may fear potential retaliation from the driver or their friends and family if they pursue legal action. This fear can discourage them from taking any legal steps, even if they are entitled to compensation for their injuries.
  5. Lack of awareness of their rights: Some passengers may not be aware of their legal rights and options following an accident. They may not realize that they can seek compensation for their injuries and other damages, leading to hesitation in pursuing a lawsuit.

In the worst-case scenario, your driver was uninsured.

Causing an accident while uninsured means that the driver is subject to any monetary penalties, citations, punishments, and other consequences, such as a lawsuit. Though it is possible to win these types of lawsuits, it is important to keep in mind that someone who cannot afford insurance likely does not have any money or assets to pursue. So, even if you won, compensation could be minimal.

Ultimately, it is up to the passenger to decide if their physical and financial losses are worth suing the driver or not, regardless of relationship or loyalty.

If you decide that your injuries and financial losses are too much to handle on your own, call 844-CAR-WREX to consult with an attorney. Our law firm handles hundreds of injured passenger claims every year

Our Attorneys Fight for Maximum Compensation

Portrait of Attorney Jacob Hughey

Jacob s. hughey

Attorney and Partner

Jacob is a compassionate, no-nonsense personal injury attorney. Rest assured, he will fight for the best outcome possible for your injuries.

Portrait of Attorney Dustin Brown

Dustin C. Brown

Attorney and Partner

Dustin practices law for the individual because people need a strong voice in their corner.

Why Choose Stanley & Associates?

Over a Decade of Combined Experience

Our firm provides its clients with knowledgeable, personalized representation in the following practice areas: Auto Accidents, Work Accidents, Dog Bites, Premises Liability (slip and fall cases), and more.

we're passionate about our clients

We know that money is a big deciding factor when choosing an attorney, which is why we don't take payments from our clients up-front. We only get paid when YOU get paid!

don't speak to the insurance company

protect your rights and speak with an attorney first

Insurance companies are not looking forward to helping you get better or paying for your damages. They will say and do anything to avoid paying you what you deserve! Hiring an attorney is a great motivator and puts the insurance companies on notice. We're on YOUR side!

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Note: An attorney-client relationship is not formed when calling the number on this site or filling out a form. By submitting your information, you are not entering into a contract with Stanley & Associates, or its attorneys, nor does the firm promise to accept  your case or guarantee any results as it pertains to the outcome of your case.
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