Visitor Question

Can I get more than driver’s policy limits and my uninsured motorist limits?

Submitted By: Anonymous (Lexington, TX)

On a county road in Texas, I was traveling in an Altima while the other driver coming toward me decided to turn across my lane to go into a driveway. This caused a head-on collision. I received a fractured C5, C6, L1, L2, broken femur, herniated intestines, huge cut from my side to inside thigh from the seat belt, torn pectoral muscle, foot hanging on by skin, not to mention trapped in a burning car for a long time.

The other driver was given a citation at the scene. After surgery I stayed in the hospital for a month. His insurance company is paying the limits, however it doesn’t even cover one medical bill. He owns property so why am I being pushed to sign a release? Is there anything I can do? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

There are some injury claims which can be adequately handled by the victim. There are others which scream for legal representation. Your injury claim is one of the latter. Your injuries are too serious and there’s too much to lose for you to try to handle your case yourself.

Before you sign any release or indemnification agreement, consult with an experienced personal injury attorney in your area. From the facts you present, it appears the insurance company is tendering policy limits.

However:

  • How do you know the insurance company is actually tendering policy limits?
  • Do you know if the driver has an additional umbrella policy which may cover your injuries?
  • Do you know if the there are additional policies which can be stacked?
  • How will you know what assets the driver has over an above the policy limits?
  • How will you access the driver’s assets?
  • What if the driver refuses to cooperate?

A personal injury attorney can find answers to all of the above questions, and more. In most cases, personal injury attorneys only charge clients if the attorney succeeds in settling the injury claim, or prevails in trial. Moreover, most personal injury attorneys will not charge a fee for an initial office consultation.

Your interests would be best served by visiting with several personal injury attorneys in your area. You have nothing to lose, and everything to gain.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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