Can a vehicle insurance company be sued for medical expenses, pain and suffering, and loss of wages ?

Asked about 1 year ago - San Antonio, TX

The other driver, who caused the accident, only has $50,000 in coverage that would pertain to my medical and personal injuries expenses. So, my lawyer says that two other insurance companies will be "tapped" ; including my own, to cover the total (which may come to well over $175,000. I do NOT want my own insurance company to be involved, and I don't think it should be.

Attorney answers (9)

  1. Brian Heath Crockett

    Pro

    Contributor Level 16

    15

    Lawyers agree

    Answered . 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.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  2. Joseph John Bernardo

    Pro

    Contributor Level 14

    15

    Lawyers agree

    Answered . This presents a problem for you then. If you are not going to seek available recovery to obtain the full value of your case then you may end up with nothing or less than you could have obtained had you followed your lawyer's advice. I'm not sure why you wouldn't want to avail yourself of insurance coverage you purchased for just such a circumstance. You really need to discuss this in depth with your attorney and provide your reasoning for not wanting to seek damages against your carrier. It sounds like you have a very serious case.

  3. Sean Michael Cichowski

    Contributor Level 10

    13

    Lawyers agree

    Answered . If you have UM/UIM insurance or personal injury protection insurance, you have been paying premiums for exactly this type of situation. If you do not use these when in this situation, there is no real point in paying for them.

    Your attorney's job is to maximize the value of your claim to get you back as close to normal as you would have been if the wreck didn't happen. Part of that includes going after all available policies.

    However, if you insist on not filing a claim on your own policy, your lawyer has to honor that instruction.

  4. John Gus Zgourides

    Contributor Level 17

    11

    Lawyers agree

    Answered . Why pay for UIM coverage if you are not going to use it?

    John Zgourides
    www.zgourides.com

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me.... more
  5. Michael David Myers

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Typically claims by injured persons are brought against the individuals they believe are responsible for the accident. There are only a few situations where direct actions can be brought against insurance companies.

  6. Daniel Nelson Deasy

    Contributor Level 20

    7

    Lawyers agree

    Answered . Generally, you cannot sue an insurance company for personal injury damages -- unless it is your own carrier. Talk to a personal injury attorney about possible remedies.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your lawyer knows best

  8. Daryl L. Derryberry

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If you have Underinsurance coverage then this is precisely why you pay the premium. Listen to your attorney. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  9. Curtis Lyndon Laird

    Contributor Level 3

    1

    Lawyer agrees

    Answered . The amount of any insurer's liability will be limited to its policy limits, which cover all the elements of damage you mentioned. Your attorney cannot sue your own insurance company unless you agree.

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