Legal Question in Insurance Law in Texas

A Texas auto insurance question: My husband was in an accident on 9/22/2008 (yes I know that's a while back). He was injured, 4 separated ribs and whiplash, and later was diagnosed with a 2.5 cm labral tear in his left hip. Both insurance companies conferred and decided the other driver was 90% at fault. My husband informed the adjuster for other insurance company, State Farm, that he had been injured in the accident. It finally occurred to me that State Farm never contacted us to settle the personal injury part of this. State Farm claims that there was never any notification of injury, so the statute has long run out and we are out of luck. We disagree; they were certainly notified of an injury _at the time of the accident._ Our insurance company certainly knew both drivers were injured, and they did pay some PIP benefits to my husband's doctor. My husband didn't speak to State Farm until 3 or 4 days after the accident, because we had to get the police report before we found out the other driver's insurance information. He had already received medical treatment by that point, and definitely would have stated that he was injured and receiving medical care at the time he first spoke to the adjuster. Do we have any recourse at all?

Asked on 6/19/14, 12:56 pm

Robert Stephens Stephens & Stephens

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Answered on 9/25/15, 4:32 am

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