Legal Question in Personal Injury in Texas

When dealing with an auto accident as a passenger in a car that was not at fault how do I recover money from to cover medical bills which exceed policy limits on the car at fault and the car I was a passenger in.

I had an attorney who was trying to force me to settle for the policy limits. He has been released and I need an attorney capable or willing to go beyond the limits as I have not been released from the doctor as well as going through therapy for some of my injuries. Hospital bills exceed $160,000. I was confined to a wheelchair for over three months and I don't know what my future holds physically since I have pins a plate in a broken pelvic, pins and a plate in a broken ankle on the opposite side of the broken pelvic and a broken wrist with a crushed pinky finger which has a plate in it.


Asked on 9/11/10, 2:49 pm

3 Answers from Attorneys

Parker Polan Briggle & Polan, PLLC

I'm very sorry to hear about this unfortunate situation. This is actually a common problem in our civil justice system when there isn't enough insurance to cover your injuries. In addition to the policy limits of the at-fault driver, there should be an underinsured policy on the vehicle you were traveling in. You can also claim on your own insurance underinsured policy. If you max out all of the policies, then you can file suit against the individual that caused your injuries. You need to find out what coverage(s) is available. Perhaps the at-fault party has an umbrella policy or was working in the scope of employment at the time of the accident. I would be glad to discuss this with you. 512-751-0680

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Answered on 9/16/10, 3:01 pm
Roger Merrill Merrill & Associates

In a case such as yours, an attorney needs to examine the facts and look for all possible sources of $. I represent clients throughout Texas. Please let me know if I can help.

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Answered on 9/16/10, 3:04 pm
David Leon David L. Leon, P.C.

The answer depends on what insurance is available to you, the owners and others. Also, if the at-fault driver has assets, you can ignore the policy and go after him personally. Feel free to call me if you wish to discuss this further.

Dave

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Answered on 9/16/10, 3:30 pm


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