Legal Question in Personal Injury in Texas
My mother was in a minor car accident last year where she was at fault. The other party is threatening to file a lawsuit against her if the insurance company does not give her the settlement she is seeking for medical bills. The amount she is seeking is half of what our maximum policy is. If she goes forward with the lawsuit, will we be responsible for the amount she is seeking? Even though we are insured? Can it just be taken out of our bank account without our knowledge?
1 Answer from Attorneys
If your mother fully complies with her insurance policy requirements, then her insurance company should defend her in a lawsuit. If your mother loses at trial, the insurance company will be liable for any amount up to the policy limits. If your mother is served with a lawsuit, it is VERY important that she IMMEDIATELY notifies the insurance company IN WRITING, and asks for a defense.
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