Legal Question in Personal Injury in Texas

It sounds like this is a situation where the two insurance companies simply can't agree on a settlement and want a judge to decide. You should review your insurance policy to review your rights and the insurance companies duties.

Most likely, the case will settle after it is brought to trial. One reason that suit is filed is to prevent the 2 year statute of limitations from barring the claim and to fast track the resolution of the case.

If the case does go to trial, you insurance company probably has a duty to defend you (check your policy). If you lose, your carrier has a duty to pay any judgment against you up to the limits of your policy. Check to see whether defense costs can be applied to policy limits.

If the case does go to trial, you insurance company will hire a lawyer to represent you. That attorney should explain your options. If you are sued, you will be served with a copy of the lawsuit. It is important the you notify your insurance company that your have been sued as soon as possible so they can hire an attorney to represent you. They will have no other way of knowing about the lawsuit. If the response deadlines are not met, you could lose the lawsuit and may not be covered if you do not promptly notify your insurance carrier of the lawsuit. Again, read your policy for the details.