Nope, but that's what they do. Welcome to the insurance world. Hire a PI atty and let them deal with the insurance company.
Daniel D. Horowitz, III* Partner
Abraham, Watkins, Nichols,
Sorrels, Agosto & Friend
800 Commerce Street
Houston, Texas 77002
*Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
I'm sorry to hear about you situation, yet I'm glad to hear the insurance company has at least paid some of your medical treatment. You are in a very difficult place. Your claim is considered a "health care liability claim" or "medical malpractice claim" which are the most difficult claims to file in Texas in my opinion. There are so many "traps" and different rules you must follow before you can sue a dentist. For example, you must have another dentist prepare an "expert report" and serve...
You can try on your own but expect the insurance company to offer you about $4,000.00. In Austin there are several very good attorneys. I would recommend Henry Moore or Len Gabbay for automobile cases.
Technically under the contract the attorney probably can do this. However, what's the right thing to do is a different story. Your attorney shouldn't settle your case without your permission. Also, the attorney should try to negotiate outstanding medical bills to increase your recovery. Since you aren't okay with distribution of funds then ask your attorney to explain how this settlement was worked out. If you still aren't satisfied you can contact the State Bar of Texas.
You should file a claim on your own insurance just to hopefully make your situation less painful, but please also contact TexasWatch. The at fault driver likely purchased a junk policy and didn't even realize it.
Sorry to hear about your situation. Technically they are not responsible if you "lose your home" but are responsible for loss of earnings, medical bills, physical impariment, difigurement, physical pain & suffering, and mental anguish. If you know you are not going to be able to stay make your mortgage payments, you should contact your mortgage company asap about possibly deferring your payments for a few months or even consider selling the house and getting your equity out. The last thing...