Legal Question in Insurance Law in Texas

Re: automobile accident

You are not necessarily limited by his insurance. You can always go after him personally, if you think he has other assets. You should either do an asset check on him, or have him sign an affidavit of no assets. You can also check if there are other policies in place that you can go after (such as UIM), other household members, etc. You should have a lawyer review your situation (most will give you the initial consult for free). Feel free to call me if you like.

Re: automobile accident

Mr Leon's answer is correct. Using a lawyer may make his insurer liable. Have they contacted and offered the 20k?

Re: automobile accident

Thirty percent (30%) of all motorists in Texas have no liability insurance. Of the 70% that do, 85% of those carry only the minimum liability limits (which was raised to $25,000.00 on April 1, 2008). Unfortunately, most (but not all) people who can only afford minimum coverage are also "judgment proof"--meaning it would be a waste of time and money to pursue a judgment against them because you will never be able to collect on that judgment. However, you cannot know for sure the answers to these questions without hiring a competent personal injury lawyer to look into every possible angle for you. PIP, underinsured motorist coverage, "primary" coverage for the owner of the vehicle, "secondary" coverage for the driver, whether the driver was "within the course and scope of his employment" at the time of the accident--these are just a few of the factors that a good attorney would examine in order to determine whether additional insurance is available to you. I would be happy to assist you on a contingency fee basis--and the initial consultation is free and without obligation.