A Car Crashed into What?

Around the holidays there are frequently motor vehicle accidents causing damage to property owners' associations' common areas, such as gates, walls and light poles. A common legal question is what can be done about the damage. There are several avenues available. The more common are discussed here.

If the driver had liability insurance the association should submit a claim for the repairs to his insurance company. They will assign an adjuster who will investigate the accident. Hopefully you have a police report, photos, repair receipts and proof of the driver's fault. They will want all those things. Start the process by calling an agent from that company and letting them know you need to contact their claim department. Cooperate with them so that they can document their records and get your association compensated. Realize that their first offer is not necessarily the most the will offer.

On the other hand, if the driver had no insurance, then you face a different, probably more difficult situation. You can hire an attorney to pursue reimbursement from the driver, but that can be expensive, and unfortunately for you, any money you spend on legal fees will probably not be recoverable. Texas law does not recognize a right to recover legal fees incurred due to negligently-caused property damage.

A less expensive alternative is to make use of Texas' Financial Responsibility Law. The driver's license of the uninsured motorist can be revoked by the Texas Department of Public Safety for failure to carry legally-required coverage. The suspension can be as long as two years, or until the damage expense is reimbursed to the owner of the damaged property. Contact your local DPS office for details. If the amount of damage is high enough to warrant it you can file suit through a private attorney and get a judgment so that the suspension can be for as long as ten years, or until the expense is reimbursed.

If the operator was driving someone else's car, then the owner of the vehicle may also be responsible for the damage under the legal theory of "negligent entrustment". You would have to prove that the vehicle was loaned to an unlicensed, incompetent or reckless driver.

Finally, if the driver was a minor, the parents could be held liable, if you can show that they failed to properly supervise their child. Depending on the driving history, number of accidents and facts surrounding this particular collision this may or may not be worth pursuing.

By Tom L. Newton, Jr.