Can my husband sue for more than policy limits?

Asked over 1 year ago - Grand Prairie, TX

Oct. Of last year my husband was rear ended by dr. Pepper in stop and go traffic which also pushed him into a car ahead of him. The driver who rear ended him was 100% at fault. My husband has gone through physical therapy steroid injections and now he had microdiscectomy surgery. He also has a concussion with headaches and swelling in his inner ear. Also anxiety and depression. He has been declared disabled now due to the accident. His medical bills are @ 140000 dollars now.

Attorney answers (10)

  1. Henry L. Moore

    Contributor Level 9

    6

    Lawyers agree

    Answered . You can. I'd be surprised, however, if the Dr. Pepper truck does not carry a large commercial policy. Also, since you are in Texas, I'd look at my own policy for underinsured motorist coverage and personal injury protection.. The PIP will help with medical expenses and lost wages. In case the truck that hit your husband does not have adequate limits, you own UM coverage will make up the difference up to the policy limit.
    I'm sorry that your husband has had this trouble and wish him a good recovery.


    Henry Moore, Attorney
    Board Certified, Personal Injury Trial Law
    316 W. 12th, #318
    Austin, Texas 78701
    512-477-1663
    512-476-6212 fax
    henry@moorelegal.net

    This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This transmission may be: (1) subject to the attorney-client privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this email in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this email is a violation of federal criminal law.

  2. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . This is a very significant case, and requires a board certified personal injury trial lawyer. You need a lawyer who has actually tried many personal injury trials and who can afford to properly prepare your case.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . As unfortunate as your husband's injuries are and this loss is, I can't imagine a scenario where Dr. Pepper would not have sufficient coverage to fairly compensate him (and you). Even in Texas coverage should be available. The real travesty would be if you are handling this matter without an attorney. That is a recipe for disaster.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Randy William Ferguson

    Contributor Level 19

    7

    Lawyers agree

    Answered . Hire an attorney before you do anything. I have never had a company like Dr. Pepper be underinsured. They usually have umbrella policies.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. Timothy J. O'Hare

    Contributor Level 11

    5

    Lawyers agree

    Answered . Hi. I am sorry to hear about what happened to your husband. You certainly can refuse to accept an offer of policy limits and seek to recover over and above the policy limits from the company. If I were betting on it, I'd bet Dr Pepper has a very large policy and an excess coverage policy that would make this unnecessary.

    If you do not have a lawyer on this case, I cannot emphasize enough that hiring one is imperative. I have no doubt a quality lawyer can get you and your husband far more than you can get on your own.

    I have been helping people in the DFW area for more than 16 years in cases exactly like this one and would be happy to speak with you or your husband for free. You are welcome to call us at 972-960-0000.

  6. Joel Brantley Hudson

    Contributor Level 10

    5

    Lawyers agree

    Answered . I am sorry to hear about the total disruption of your husband's life due to the negigence of the Dr. Pepper driver. The simple answer to your question is "yes." However, you will need an attorney to thoroughly research and attain the true information about the policy limit of Dr. Pepper and whether they may have an umbrella policy that would also apply. Once a lawyer does this, you may be surprised at just how much insurance coverage there actually is that may apply to your husband's medical bills, pain and suffering, and other related damages because most corporations have large policies and with a large umbrella policy that may kick in, as well. An attorney can also advise as to the many other possible claims and other sources of recovery to be pursued, of which you may not be fully aware. Moreover, an attorney will net more in your pocket, even after paying a contingent fee to the attorney, than you could likley ever get on your own.

  7. Richard Daniel Weaver II

    Contributor Level 9

    5

    Lawyers agree

    Answered . Can you sue for more than the policy limits? Sure you can, but since this was a Dr. Pepper truck, the company most likely has a commercial policy with high limits that should cover your needs.
    Also, you can make an Uninsured claim on your own insurance. Uninsured and underinsured motorist coverage is coverage designed to allow compensation and pay any damages to a certain type of insured individuals who are injured by a motor vehicle because of the fault of someone who is uninsured or whose coverage is inadequate to fully compensate for the damages caused. Do you have an attorney assisting you on this case? Is he/she telling you something that you disagree with or don't like hearing?

  8. Brian Augustus Beckcom

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . Dr. Pepper is responsible for the entire damages, including all of the anxiety and depression. You should talk to a Board Certified attorney to get a good consultation. I'd be happy be talk to you.

    -Brian
    www.vbattorneys.com

  9. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes - the more important question is whether or not he would be able to recovery any monies above policy limits. That would only happen if the responsible party had asset to make payment above policy limits. If you have UIM coverage, that could be a source of insurance coverage. Given the significance of his injuries, you should consult with an attorney.

  10. Gary A Kester

    Contributor Level 17

    4

    Lawyers agree

    Answered . You should sit down with your attorney and ask this question or find someone in your area. Your not limited to the policy limits for your recovery. There are a few things you should obviously be aware of. Remember you need to file a lawsuit before the statute of limitations runs. If at any point an insurance company tell you that there are not sufficient insurance limits you ask for the declaration page of the policy and an affidavit of no other insurance. This is a serious injury claim and you should have representation. From what you have said, you can bet that the insurance company is going to pay doctors to review all of the treatment. Get an attorney.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,158 answers this week

2,751 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,158 answers this week

2,751 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary