Legal Question in Insurance Law in Texas

Re: auto wreck

normally only after filing lawsuit..

Re: auto wreck

You can ask the adjuster, but they usually won't tell you, unless you file suit.

Re: auto wreck

The insurance company for the other driver will not reveal their policy limits. They have an irrational fear that if they tell you the policy limits, you will go out and "run up" enough medical bills to exhaust the policy limits. (Insurance companies think EVERYBODY is dishonest and out to get their money.) If you hire a lawyer and he/she files suit, he/she can obtain the amount of the policy, and a copy of the "Declarations Page" proving the limits, through a process called "discovery."

I'll tell you the easiest way to figure out the policy limits, although it is not foolproof: look at the car the other person was driving and where they live. In Texas, 85% of the people who have car insurance carry only the minimum policy (which, at present, is $25,000). Fully 30% of all drivers in Texas have no insurance at all. (That's why it's essential for you to carry "uninsured motorist coverage" on your policy.) The next increment up from $25,000 is $50,000; the level above that is $100,000; and $250,000 is the highest limit offered in Texas (although it is possible to purchase an "umbrella" policy for virtually any amount; the umbrella kicks in after the basic liability policy is exhausted). Less than 2% of all Texas drivers carry $100,000 or above, and less than 1/2 of 1% have an umbrella policy. Rule of thumb: if the car is more than 3 years old and the driver lives in an apartment, there is a 99.9% chance they have only the minimum coverage--or no coverage at all.