Legal Question in Insurance Law in Texas

Stowers demand question

I am currently being sued for a amount in excess of my policy limit by a third party claimant for a car crash that was my fault, The adjuster reported that they third party made a demand near my policy limit. While I think portions of their case does not have merit as does the adjuster. Do I need to send a letter to the adjuster stating I think the demand is reasonable and request they settle to allow for a stowers claim in the event of a judement


Asked on 12/17/08, 10:59 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Stowers demand question

no..if the insurer does not pay..you cannot make them pay...and the plaintiff should ask you to assign your rights to sue the insurer for negligence if they don't pay...BUT if you do write and request the insurer pay...you will have more clout to avoid any liability. Do not agree with insurer that damages are not what is claimed..tell the truth but opinion is not truth. The other party may have had medical problems aggravated by the accident, etc..the insurer has all those facts..

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Answered on 12/17/08, 1:28 pm


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