Legal Question in Civil Litigation in Texas
i was invovled in a rear end collision. the other party was ticketed in the collision. I have had surgery and have accumulated a large amount of medeical bills. my attorney recently proposed we send a letter to the other party offering to settle for the limits of the other parties liability insurance. my attorney says by texas law we must offer a settlement before we sue for damages. Does texas law demand that we first offer to settle before we can sue.
2 Answers from Attorneys
In short, yes your attorney is doing what is standard and advisable. I suggest that you try to discuss this issue with your attorney.
No, you don't have to demand settlement before you sue, but it might be the right thing, if the other driver likely cannot pay over and above his insurance. Do you have any reason to believe the other driver has assets, beyond his house and personal property? If not, all you can get is the insurance. And, if the insurer does not pay the limits on demand, it may have to pay the excess if you sue and win -- but you have to give it the opportunity to settle for the limits to trigger that possibility, Do you have uninsured/under-insured coverage? If so, that wold be a source of more money for you.
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