Texas - Rear ended

[joanneJ]

Our car was rear ended while we were parked
on private property. The driver almost
hit another car that was in back of him.
(We were in a line waiting for our order
at a hamburger place) The driver showed
a phoney insurance card to the police.
We have damages to our car and my husband
may have whiplash. As the driver had
no insurance, can we sue the owner of the
hamburger place?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by joanneJ:
Our car was rear ended while we were parked
on private property. The driver almost
hit another car that was in back of him.
(We were in a line waiting for our order
at a hamburger place) The driver showed
a phoney insurance card to the police.
We have damages to our car and my husband
may have whiplash. As the driver had
no insurance, can we sue the owner of the
hamburger place?<HR></BLOCKQUOTE>

My response:

Let's assume you did sue the premises owner. What is your theory of liability? That is, why would you be suing the premises owner?

However, your better tact would be to make a claim against your own Uninsured Motorist Coverage. Get yourselves a personal injury attorney so that you and hubby can get the guidance you'll need in this matter.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 15, 2000).]

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is only information, not to be construed as forming an attorney-client relationship.

I agree with IAAL, but, here is another thought. If you were in line waiting for your order, I assume this implies a "drive thru" line. If that is the case, they have cameras, possibly film. You may want to check and see if they still have film, see if you could pick up the license plate information and go from there.
Contact a personal injury atty and then have the atty contact the DMV requesting license plate information.

just a passing thought, hope it may help!

 

[joannej]

The manager told us after the accident that
the man had tried to back out of the drive-
thru and almost hit the car behind him.
She was aware that he was dangerous and should have informed us.

We cannot inform our insurance company because an illegal crashed into us last November while we were driving on the toll
road and caused extensive damage to our car. Our insurance company paid for everything for
this accident.
He also did not have insurance.
We are very concerned that the insurance
company will drop us. If they did, it would be extremely hard to get other
insurance.

Thanks for your help.