The insurance company will likely claim the light turned green and you hit your brakes for no reason so you are 40-60 percent responsible. Therefore they will agree to pay half the damage to repair your car.
It is unclear whether or not you have a lawyer. If not you will probably receive an offer for medical bills and maybe a couple thousand for pin and suffering. If you have a lawyer the chances if getting a substantial verdict or settlement vastly increase. Other factors need to be discussed such as how you have recovered, future treatment, age, surgical options etc... If you have any further questions please do not hesitate to ask or leave a comment.
You can certainly fight it. Given the extent of the property damage, your going to need a lawyer if you have any hope of winning - that is just the reality of the situation. I recommend you take your medical records and speak with a car accident lawyer. It is also helpful to have a copy of the police report. Good luck to you. If you have any further questions please let me know.
Your lawyer is exactly right. In Texas if another car does not have enough insurance company... You are supposed to get the additional money from your insurance company. That is why it is called under insured motorist coverage. If you don't make the claim all you are helping is your insurance company from paying for the exact reason you bought the under insured coverage.
You need to file suit immediately. The statute of limitations is 2 years from the date of incident. It sounds like the insurance company is trying to wait you out. Unfortunately, you can't sue the insurance company. You can only sue the other driver. Your injuries sound serious. You need a lawyer. Insurance companies don't offer policy limits to anyone without a lawyer. If you have any questions or just want to know your rights please do not hesitate to ask .
I strongly recommend you hire a lawyer. If you don't the most you can expect is the insurance company paying for your ER visits only. A lawyer can make sure you get full compensation. Any questions please do not hesitate to contact me.
Anytime surgeries are involved you don't want to handle this on your own. These types of cases have resulted in significant verdicts and settlements regardless of pre-existing condition. The first thing you need to do is make sure you attend all your appointments. Document your pain, medications etc... Next, you want to avoid giving any statements to the insurance company. They are notorious for asking questions that attack you as opposed to discovering the truth. Once you know the extent of...
Looks like the kind of case where you are going to have to file suit. Discontinue any further communication with the insurance company until you have spoke with a lawyer. Depending on the extent of your damages you may have a claim for significant property damage. If you have your own full coverage insurance however I will tell you it is likely much easier and less if a headache for you to make a claim under your own policy and get tr car fixed.