Legal Question in Personal Injury in Texas

Re: Auto accidnet lawsuit

There is a two year statute of limitations on auto accidents; 19 months have gone by. If she doesn't settle, in five months her claim is waived. That said, so is yours if you wish to make a claim against her. Talk to your insurance company attorney defending you, and seek a competent Personal Injury attorney to find out if you have a claim against her. Don't wait.

Re: Auto accidnet lawsuit

I would recommend your speaking with the lawyer the insurance company provided with you first. Communicate all your concerns. That lawyer has a duty to you (not the insurance company) though sometimes it doesn't seem that way. If you are not comfortable with his/her advice, you can get your own lawyer. Also, if your husband had passengers in the car with him when he was in the accident, they also have claims against the insurance policy.

Re: Auto accidnet lawsuit

You can get your own attorney if you want, but you could also wait a while and see how it's going. Most often injury attorneys are accustomed to dealing with insurance defense attorneys for claims within the policy limits. And while injury attorneys sue for large amounts, often proof of the damages does not reach the amounts sued for.

Re: Auto accidnet lawsuit

Your insurance company will defend you. If at some point you believe you have real exposure for more than your insurance limits, then you can instruct your insurance company to settle within the policy limits. This might protect you if the insurance company refuses to settle and you go to trial and a judgment is entered in excess of the policy limits.

Know that your house, if homesteaded, is protected. Also, IRAs and retirement plans are safe.

If your husband was injured, he could sue for his damages. Who knows, maybe he might win. I successfully won my first solo trial years ago on an accident where my client rearended a stalled vehicle.