The Liability Limits of Another’s Auto Policy Doesn’t Cover the Bills
Car Accident,FAQ,Personal Injury - August 31, 2015 by Horwitz, Horwitz & Associates
Question:
My fiance was in an auto accident. I wanted to find out if what his car accident attorney is telling him is correct.
They are saying the only thing the insurance can offer is $25,000 because that is all the limits of liability they have. That will not cover lost wages and medical. Would we have to take the individual to court to get recovery on any further damages? My fiance lost his job, was out of work for over three months due to medical, had a fractured pelvis and ruptured spleen, his pelvis is healing, but the spleen will never heal. Is this correct?
–Kimberly, Arlington, TX
They are saying the only thing the insurance can offer is $25,000 because that is all the limits of liability they have. That will not cover lost wages and medical. Would we have to take the individual to court to get recovery on any further damages? My fiance lost his job, was out of work for over three months due to medical, had a fractured pelvis and ruptured spleen, his pelvis is healing, but the spleen will never heal. Is this correct?
–Kimberly, Arlington, TX
Answer:
This, of course, is a tragic situation, but unfortunately arises frequently. The problem is that the Defendant has insufficient insurance to cover the damages. Further, Texas, being a strong republican state has a terrible record when it comes to personal injury claims. I suggest you look at your own underinsured motorist coverage and insist on seeing a copy of Defendant’s insurance policy. Your UIM limits should be as high as your liability limits. If not, you might have a claim against your own insurance carrier. At least you would under Illinois law. Sorry I can’t be more helpful.
