Legal Question in Personal Injury in Texas
I was passenger in my auto
I was a passenger in my automobile. The driver of my vehicle hydroplaned, crossed median and was ran over by 18 wheeler. I was taken by helicopter. Broke neck which required 2 surgeries, broke back (3 transverse fractures. Emergency surgery for exploration of abdomen due to it filling with fluid and air. Cecum repair. My truck totalled, my body scared, my bills approx 200K, I cannot work for 6 months to a year and will probably not be able to maintain my position at work. My wife is working 48-60 hours a week to maintain our bills. My insurance paid PIP and then 25K plus paid my truck off. Now..........the driver of my truck is heavily insured, yet his insurance told us they are not liable. He was driving, I feel I should get some compensation here. His life is back to normal. I contacted the insurance company and the lady was rude, yelled at me and told me I was only able to get 2,500.00 PIP. I hung up on her. Am I able to collect off of his insurance.
5 Answers from Attorneys
Re: I was passenger in my auto
From the facts stated in your message, you should have an excellent liability claim against the driver of the car, and by extension, his insurance company.
You definitely should retain a lawyer, and there will be no shortage of lawyers willing to give you a free consultation. Until you decide about hiring one, you can find some helpful information on our firm's Web site at www.kraftlaw.com.
Please call or e-mail if you have further questions.
Re: I was passenger in my auto
I'm sorry to hear about your ordeal. If the other driver has insurance, then it is possible to collect on it. You need to provide them with a list of your medical providers, medical bills and narratives, etc. Given the extent of your injuries, and the amount of time that has elapse since the accident, I strongly recommend that you hire an attorney who has experience with this type of accident to do this for you. It already appears that the insurance company for the other driver won't treat you with respect, much less treat you fairly. There is a time limit of how long you have to collect against another driver for negligence, so you need to act quickly.
Please feel free to email me directly if you would like to discuss your situation in detail.
Re: I was passenger in my auto
This is something you should discuss with an attorney. Was the driver ticketed? It would appear that there may have been a ticket for the driver who hydroplaned.
Did you get a copy of the accident report?
When did this occur?
Re: I was passenger in my auto
Please call me at 214-520-0000. Thanks, Mark Siegel.
Re: I was passenger in my auto
Yes, you may collect from the other driver's insurance. You correctly collected from your own liability insurance first, since the insurance on the car the defendant was driving is "primary." But you may now collect against the liability insurance of the negligent driver. Please call me and I will be glad to help you.
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