Legal Question in Personal Injury in Texas

Re: Rearended and his ins. only pays 20k

When an employee is driving a company car, the company insurance policy on that car is "primary" and should pay first. Any policy on the driver would be "secondary" and would pay after the primary policy is exhausted. Also, if the employee is "in the course and scope" of his employment at the time of the accident, his employer may be liable for his negligence. This could possibly invoke a very large liability policy and could also subject the company assets to exposure in your lawsuit. As to changing lawyers, I always advise clients to first make an appointment with their lawyer, express your concerns and wishes, and give their lawyer an opportunity to correct whatever problems have come between you and him (or her). Many times disagreements can be resolved by straightforward communication. If you cannot resolve your differences, you do have the legal right to change attorneys. Ask to be released from your contract. If your lawyer refuses, demand a copy of your file. (An attorney by law cannot refuse to give you a copy of your file at no cost to you.) Then you can take your file to another attorney. Your new attorney will come to an agreement with your previous attorney regarding attorney's fees. You will only have to pay one attorney. Your new attorney will split the fee with your old attorney. I wish you the best of luck in your case. If you cannot resolve your differences with your current attorney, I would be happy to help you with your case.

Re: Rearended and his ins. only pays 20k

if his company has insurance (and they should have on the vehicle or on him as a driver) then you should be able to collect on both policies. Call me if you wish to discuss your options further.

Re: Rearended and his ins. only pays 20k

I assume that you already have hired a lawyer and agreed to pay him a contingent fee. You may have ended up with a lawyer who is a "settlor only." If he will not heed your immediate request to file suit, you first should request a mutual termination of representation. If he also refuses to do that, you may want to contact the state bar association to file a grievance. He cannot refuse to represent you in a proper way, and at the same time refuse to release from you the employment agreement. What you have described seems like a good case with more than minimal liability coverage, and that diligent lawyers would be climbing all over themselves to represent you.