Danbury, TX Personal Injury Law Firms & Lawyers

You may have a good case. Contact a local lawyer if possible to handle it. We have had good success in this type of case. The waiver may be against public policy and unenforceable.

You should hire an attorney. The attorney will file suit against the driver and the payment will be made by the insurance company. If there is no insurance or the insurance company denies coverage then you should notify your insurance company and proceed with a claim for underinsured or uninsured coverage. By all means hire a lawyer.

Yes. You can sue the person who was driving. The owner's insurance will likely cover the damage up to the limits of liability coverage, although they may try to deny coverage if there is a clause in the insurance policy against allowing unlicensed drivers to use the vehicle. If there is no insurance coverage, you should have uninsured coverage that will cover damages up to your policy limits. You can sue the owner for negligently entrusting the vehicle to the unlicensed driver if you can show the owner had reason to believe the unlicensed driver was unfit to drive. Not having a license, in of itself, may not be enough to prove this (I would have to do additional legal research on this issue to determine if the courts have addressed whether entrusting a vehicle to an unlicensed driver is enough to establish negligent entrustment).