Clyde, TX Personal Injury Law Firms & Lawyers

I hope you have been able to find an answer to your question by now.  If you are the at fault driver, you can make a claim for your PIP (&/or MedPay) benefits for reimbursement of your medical costs and/or reimbursement of your lost wages at 80% (PIP only).  These coverages are considered "no fault" so they're yours to claim whether or not you are the at-fault party.  You are not entitled to benefits under your uninsured/underinsured motorist coverage if you are the at-fault party.

Between your Question and Question Detail you ask 3 questions, which I will address separately. I am not addressing the facts of your accident, the drunk driver's fault or what your case is worth as you do not ask about those items. In addition, you do not provide enough information for me to answer questons regarding these items. Question 1: How do I sue a drunk driver who parked her car facing east in my westbound lane? To initiate a lawsuit you file a complaint against the drunk driver. You have her served with a copy of the complaint and a summons. There are a number of additional steps before going to trial but their explanation is beyond my ability to answer here. Question 2: Should you go after the drunk driver or her insurance company? Technically, you would always be going after the drunk driver. However, her insurance company will handle the claim, pay, depending on what your case is worth, you up to the drunk driver's Liability/ Bodily Injury coverage limits. They will also hire an attorney to defend her if you file a lawsuit. In almost all situations, you sue the at-fault driver; you cannot sue their insurance company. There are very few situations in which you could sue her insurance company. One would be if she filed for bankruptcy. Question 3: Should you hire an attorney? That is a question you have to decide for yourself. The more difficult a case is, either because of questions about fault or injuries, the more you should consider hiring an attorney. Attorneys have more knowledge about the process, the evidence needed and the value of a case. If a lawsuit needs to be filed because you cannot get it settled for an amount you consider is fair, you also should strongly consider hiring an attorney as the insurance company will hire an attorney for the at-fault driver. You would be at a significant disadvantage handling your own case against an attorney. Most personal injury attorneys offer a free initial consultation so you may want to contact one to learn more about your rights and what he or she can do for you.