Automobile Liability Question

[puma guy]

While traveling on the feeder outside lane with my brother last week a truck came wide around the underpass U turn and side swiped his vehicle even though he drove up on the shoulder to try to avoid it. The vehicle stopped to the rear of us and took off on a shell road off the feeder. The road led to the back side of a plant nursery so I got out quickly to watch the truck enter the nursery. A patrolman was coming from the intersection we'd passed and I flagged him down to give him details. Long story short we found the guy and even though he said he didn't hit us it was obvious. Now the reasom I'm posting is because the officer told us that since the driver was a Mexican citizen with a Mexican Driver's License he was not required to have liability insurance in Texas under the present laws. He actually said that only Texas Driver's are required to have liability in Texas. I had no reason to doubt him, but found it hard to believe. So does anyone know if he's correct?

[RottenApple]

The officer is mistaken. Liability insurance is a requirement of all drivers regardless of where they are from. Additionally, if he is a truck driver, in order to operate his rig and/or drive a rig belonging to another company or individual, then he or his company is required to have liability insurance as well.

[puma guy]

The officer is mistaken. Liability insurance is a requirement of all drivers regardless of where they are from. Additionally, if he is a truck driver, in order to operate his rig and/or drive a rig belonging to another company or individual, then he or his company is required to have liability insurance as well.

I should have been clearer. It wasn't a commercial vehicle just a pickup.

[schufflerbot]

best of luck getting this covered, after my second similar situation i upped the coverage on my uninsured motorist policy several years ago.


...of course, havent had any issues now that im paying more for insurance, but i digress.

[AEA]

the officer told us that since the driver was a Mexican citizen with a Mexican Driver's License he was not required to have liability insurance in Texas under the present laws.?

I should have been clearer. It wasn't a commercial vehicle just a pickup.

What license plates were on the Pickup? Mexico or Texas? I am kinda thinking this guy was an illegal and should have been arrested.

[Jasonw560]

From what I understand, you could have a license from Texas, Mexico, Sakatchewan, Japan, England, or Mars....if you have a car, you have to at LEAST have liability insurance. Especially if it is registered in Texas. In fact, if you don't have it, you can't get your car registered.

[Teamless]

In fact, if you don't have it, you can't get your car registered.

I am kinda thinking this guy was an illegal and should have been arrested.

Should been, but they won't do it.
3 years ago, my mom was T-boned by an illegal, he was arrested, but only for being drunk, nothing to do with no insurance - even though he didn't have it.

I was rear ended 4 months ago by an American (not that it matters), he had no insurance, the Constable let him drive away, no ticket, no nothing, and of course my insurance had to cover the damage and I HAD TO PAY 1/2 of my deductible, (1/2 as it was filed under uninsured motorist), but still, I had to pay, Ridiculous!

[tacticool]

I don't know any exemption for Mexicans in Section 601.051 of the Texas Transportation Code but IANAL.

If a Mexican was raping his mother, I wonder if he would change is tune about Mexicans having to obey Texas law when they're in Texas.

[RPB]

best of luck getting this covered, after my second similar situation i upped the coverage on my uninsured motorist policy several years ago.


...of course, havent had any issues now that im paying more for insurance, but i digress.

RE: Uninsured motorist claims; you generally have to have contact (or indirect contact, like in a 3 car wreck) with the negligent vehicle.

Reason: that's in policies as a fraud prevention tactic, so someone doesn't drive into a ditch and blame a "phantom vehicle"

Transferred paint from another vehicle is often used as proof of contact. Pictures are priceless.


Even without insurance ... FSGI is a crime, Failure to stop and give information..... guess that doesn't apply?

If there was an injury.... IIRC=felony.... failure to stop and render aid .... guess that doesn't apply?

If injured, look into Victims of Violent crimes Act, either Attorney General or used to be administered by Worker's Comp people,
Also, contact DPS, with the identity of the guy the officer gives you, so they can require he post a bond of money or property to cover your damages, DPS will send you a form to fill out.

If officer didn't give you the guy's identity info, contact his supervisor and explain that you need it for the above, and ask when the offender's court date is on the FSGI charge as you want to be a witness or at least be there.. (At least it may be a learning experience for the Department)

I'm no lawyer n i don't play one on TV nor stay at Holiday in recently

[tacticool]

Even without insurance ... FSGI is a crime, Failure to stop and give information..... guess that doesn't apply?

If there was an injury.... IIRC=felony.... failure to stop and render aid .... guess that doesn't apply?

Some injuries can take hours or days to present. After the last time I was I was a hit and run victim, I decided I will call 911 and request medical aid if someone ever again hits me and drives off.

[puma guy]

best of luck getting this covered, after my second similar situation i upped the coverage on my uninsured motorist policy several years ago.


...of course, havent had any issues now that im paying more for insurance, but i digress.

RE: Uninsured motorist claims; you generally have to have contact (or indirect contact, like in a 3 car wreck) with the negligent vehicle.

Reason: that's in policies as a fraud prevention tactic, so someone doesn't drive into a ditch and blame a "phantom vehicle"

Transferred paint from another vehicle is often used as proof of contact. Pictures are priceless.


Even without insurance ... FSGI is a crime, Failure to stop and give information..... guess that doesn't apply?

If there was an injury.... IIRC=felony.... failure to stop and render aid .... guess that doesn't apply?

If injured, look into Victims of Violent crimes Act, either Attorney General or used to be administered by Worker's Comp people,
Also, contact DPS, with the identity of the guy the officer gives you, so they can require he post a bond of money or property to cover your damages, DPS will send you a form to fill out.

If officer didn't give you the guy's identity info, contact his supervisor and explain that you need it for the above, and ask when the offender's court date is on the FSGI charge as you want to be a witness or at least be there.. (At least it may be a learning experience for the Department)

I'm no lawyer n i don't play one on TV nor stay at Holiday in recently

I did get the driver's ID off the crash report, just no witness info. We are using our uninsured motorist coverage and Personal Injury Protection coverage for the car and injuries. The insurance card the driver provided apparently was the type that had inclusive dates but was dependent on premiums being paid to actually maintain insurance. I pay monthly with automatic debit, but my card has six month duration noted on it. An LEO friend of my daughter and son-n'-aw said that the data base for checking driver's is not reliable. The driver has about 6 different addresses for the last two years, but I called one of the numbers and it turned out to be the sister. She called me back a couple of weeks ago from a message I left June 20 and gaave me her sister's cell phone number. I gave the number to our adjuster and he said they are already going after her. Even though she wasn't cited for no insurance he said she'd lose her license and be held liable. I don't know if all that's true or not I just have to assume. My daughter is still undergoing treatment for her neck and back.