Legal Question in Personal Injury in Texas

Auto accident settlement limits?

Is it true that a Texas auto insurance company's total liability is only for the actual policy amount? I've spent over $35000 and am being offered $50000. My PIP is only $25000. Both insurance companies are telling me that even if I hire an attorney and file suit, all I'd get is a relatively worthless judgement against an 18-year-old laborer, and that $75000 is all the settlement I'll get.

(I've had surgery to repair a broken nose, and surgery and 3 months of PT for knees---may have to have more knee surgery. Still in pain 6 months after accident.)


Asked on 6/19/02, 9:23 am

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: Auto accident settlement limits?

Generally that is correct in that you are limited to recovering policy limits througha settlement with the insurance company. You can always get a judgment for more, if teh jury agrees with you, but then you are limited in recovering that judgment to the non-exempt assets of the defendant. If your medical expenses exceed the limits of the defendant's policy, you can also file a claim against your underinsured provisions of your policy. However, to have this money available for a settlement, you must get the approval of your insurance company to settling with the defendant for his/her policy limits. If you have any questions,feel free to call me.

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Answered on 6/20/02, 2:36 pm


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