Legal Question in Personal Injury in Texas
Med Expenses Exceed Insured Policy?
I was in a serious car accident and my medical expenses in addition to my loss income and personal property damage exceed the insured policy. The accident was clearly not my fault! I have documentation for everything. My frustration at hand: I am left with numerous medical bills; loss income for over a year; 2 more major surgeries to go; just got over spinal surgery; The guy who hit me ... his policy is only $20,000.00
I have insurance and my underinsured insurance should make up for the rest. Look, my underinsured will not cover the expenses! I just keep getting the pat response that the driver who hit me ... his insurance will pay a certain amount and that is it ... and that the driver is poor and I could not sue to try to recover my huge Medical Debt. I was at the wrong place at the wrong time ... truly innocent! The man that hit me was in a wheelchair and had 2 blowouts. Now, possibly could I find out if the tires were the recalled Firestones? I am left with serious injuries and cripled just like he was ... please help
3 Answers from Attorneys
Re: Med Expenses Exceed Insured Policy?
Time is important. Has anyone located the tires? Call me at 214-520-0000.
Re: Med Expenses Exceed Insured Policy?
You should hire a lawyer. Time is always important. Under Texas law, a personal injury lawsuit must be filed within two years of the injury or it will be subject to being dismissed as untimely.
Re: Med Expenses Exceed Insured Policy?
Once you recover the $20,000.00 policy of the negligent third party, then you will be able to make a claim on your Under/Uninsured policy. You must, however, get your insurance company's written consent to settle with the negligent third party's insurance company for the amount of the policy. You should also get the insurance company to send you something in writing verifying that there is only a minimum limit policy in effect for the third party.
If you were to accept the $20,000 limits of the third party's insurance coverage without first getting your insurance company's consent, then you could possibly waive the right to recover under your UUMV provisions. It is imperative, therefore, that you secure consent before accepting the 20k limits.
Joe D. Gregory
Toll Free: 888 481-6504
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