Legal Question in Insurance Law in Texas

Collecting from multiple parties for property damage in auto accident

I was involved in an auto accident. The negligent party is under insured (15k limit property damage).

I carry full coverage on my truck, but my horse trailer and contents are not insured. Both truck & trailer were totaled out. My insurance is paying me $33,000 for my truck and nothing for my trailer which is valued @ $13,000.

The vehicle which struck me was not being driven by the owner. The vehicle owners insurance company is trying to settle with me for $15,000. But to receive the $15,000 I must sign a release of claims for both the owner & driver of the vehicle.

Can I collect damages from both the owners insurance and/or the drivers insurance for my trailer?

If I sign the claims release does this prevent my insurance company from recovering its losses from the above parties?

Shouldn't the driver & owner be listed on separate claims release forms?

Can I request that the different properties be listed on separate claims release forms?

If I receive money for my damages can my insurance company come after me for any money I receive? If so, how much or what percentage?


Asked on 4/19/98, 7:52 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Underinsured Situation Requires Caution

You need to know the following which was not disclosed:

Does YOUR policy include "uninsured/underinsured" motorist coverage? This is coverage which pays you, even for a loss which is not covered by your primary collision coverage, if you have a wreck in which the other party is at fault AND he is either without insurance or without ENOUGH insurace to pay for your loss.

CAVEAT!!!In order to protect your rights under your UM coverage, you MUST receive written permission from your insurance co. to settle with the third party for policy limits. You should request this permission in writing.

Most Texas auto policies have UM coverage; looking at the face page of yours should answer the question for you.

Call my office Monday if you have further questions; no charge.

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Answered on 5/09/98, 8:48 pm


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