I am not licensed to practice law in the state of Texas. I am only licensed to practice law in California.
I cannot give any information about how successful these claims are in Texas, since I practice in California, but I can tell you that one of the first steps a personal injury attorney does in auto accidents is write a letter to the other party's insurance requesting that party's policy limits.
In California, drivers are held personally liable for any judgment in excess of policy coverage.
Please note this is for informational use only. It is advisable to speak to a personal injury attorney in Texas regarding this matter. And, please note that this post does not establish any attorney client privilege or relationship.
Make a demand of the other person's insurance. You have a case and should seek a lawyer.
You need to seek to hire a lawyer in your locale, because without a lot more detail, no further observation is possible. I am in Chicago and do not practice in Texas.
Good luck to you. You should consult with a local Texas attorney to determine your rights and the best remedy for your situation.
You might find helpful my Legal Guide, "Successful Start for a Personal Injury Lawsuit"
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
God bless you.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
As I am licensed in Florida and Vermont, I cannot offer you specific advice on Texas law. However, generally, this is a type of situation in which you need the help of a personal injury attorney. I would suggest that you contact someone in your local area who advertises as a personal injury litigator. It is standard practice for the personal injury attorney to establish the amount of liability coverage of the adverse driver. The attorney can also assist you in obtaining needed treatment and proof of other things such as lost earnings etc. In the interim, I would suggest that you give no statement to the adverse party's insurance carrier. They are not your friends in this instance. You may also wish to review some of the Legal Guides I have published on A V V O.com, which deal with many of the issues you are now confronting.
Both of your injuries are serious. Your worries are very justified.
Nope, the other insurance does not need to tell you how much insurance they have without a lawsuit. And though they might tell you what those amounts were to confirm that they were providing you the full amount, taking that money on your own would be a big mistake.
First, without a lawyer, you may very well destroy opportunites to find other insurance you'd never guess could help. Second, without a lawyer, you're at risk for losing whatever you do get to the health providers and health insurers. Third, you are at risk for under-valuing your case given the nature of your injuries.
I have clients and family in your neck of the woods, so don't hesitate to call me for free advice to talk over some of these details a bit more. Yes, the call is free, and I only get paid from winnings.
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