Legal Question in Personal Injury in Texas

i was involved in an accident which was my fault. the other drivers injuries are more than my policy limits and he is planning to sue me but i have no other assets. what can happen


Asked on 8/25/10, 4:16 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

This would be an excellent time to consult a bankruptcy attorney to discuss your options.

If the other driver obtains a judgment against you that exceeds your policy limits, he will have to "levy" or seize and sell enough of your non-exempt property to satisfy the judgment. The Texas Property code makes a good portion of what most folks own, as exempt property. check out "exempt property" in the texas property code.

Also chances are your insurance carrier has an obligation to defend you. It is a good chance that they will try to keep any payouts below policy limits.

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Answered on 8/30/10, 7:38 pm
Jason Kipness Kipness Law Firm

Call your auto insurance company adjuster. Ask them if a demand to settle was made within the policy limits. This demand is known as a "Stowers" demand.

Request copies of all written communications between your insurance company and the attorney for the other driver.

If the answer is yes, tell them in writing and on the phone you want the claim settled within the policy limits.

You should also consult a bankruptcy lawyer.

For free informaton on Texas personal injury claims, visit www.kiplawfirm.com

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Answered on 8/31/10, 8:32 am


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