Legal Question in Personal Injury in Texas

Autobile Accident

I was in an auto accident with a drunk driver the insurance company offered me 20000 but all my medical bills and lost wages total 3700 this is this guys second dwi which he was placed on probation after his accident with me he only had 20000 worth of liability insurance can the insurance company be liable to for not having him to get some type of dwi insurance, can i get what i am owed


Asked on 1/27/09, 10:54 am

3 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Re: Autobile Accident

It sounds to me that they offered you policy limits for the amount of 20K. If you are having problems, you need an attorney to take the insurance company to trial but first a stowers letter needs to be sent to the insurance company.

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Answered on 2/03/09, 9:27 pm
Scott Kinsel Law Offices of Scott C. Kinsel, P.C.

Re: Autobile Accident

I agree with the previous answers, however, I would add that you should consider a dram shop claim against the business / bar where the driver was drinking prior to this accident. If you can prove that they served him when it was obvious he was intoxicated, then you can collect against the bar. Often times this is the only way to be completely compensated for your loss when the driver has a minimum $20,000 policy.

I would urge you to speak with an attorney because there are several things you need to do to preserve your rights.

Regards,

Scott

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Answered on 3/01/09, 12:22 pm
David Leon David L. Leon, P.C.

Re: Autobile Accident

If that's all they have him insured for, then that is all they have to pay (in most circumstances.) However, you don't have to release him if you don't want to. Also, you may have other avenues of recovery (UM insurance, PIP, etc.) that may be available to you. Also, you should see if the defendent had other policies that you can go after. I wouldn't settle until I had done my homework on this. I would suggest you hire an attorney to research other other available avenues of recovery before signing anything.

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Answered on 1/27/09, 11:33 am


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