Legal Question in Personal Injury in Texas
My attorney's secretary just asked me if I want to pay the medical bills pertaining to my injuries sustained in an automobile accident, and that if I do, I won't be left with any settlement money, and might have to pay out of my own pocket. The guilty parties insurance has a 25K$ cap. Why can't I sue her for the extra moneys if any? I forfetted the PIP on my own insurance policy, because I was ignorant to the fact that my own medical insurance might not cover me in the event that the accident was my fault, or that in an event like this, where it was clearly the other persons fault, and I'm the victim, but her insurance wasn't suffecient to cover the damages incurred my her negligence. I thought her homeowners policy would come into play, before I had to pay for her damages to me, myself. I was asked by the secretary if I wanted to pay the medical bills, but since there wasn't a "lean" filed against me , that I didn't have too. What is that? - She couldn't answer, and I have to wait a week to get the answer back from them. Sounds like no matter what, I'm stuck with the bills myself. Either pay out-of-pocket, or get credit rating , and harassment problems.. I was told years ago, that my homeowners policy would cover me in civil lawsuits filed against me like this, so why not her? Isn't the total settlement money to cover expenses, and then the lawyers fees, and ect. taken with what's left?
1 Answer from Attorneys
Homeowner's policies specifically exclude auto accidents...and do not pay for health insurance..but the "secretary" is not your lawyer. make an appointment to talk to the lawyer.
and your own medical insurance should cover you when you have an accident..but may have the right to be paid back....talk to your lawyer..insist..not the secretary
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