Do you have to carry personal injury and medical payments on a homeowners policy in Texas? Broken Ankle needing plates &screws

You're talking about two types of coverages. One is general liability coverage in case someone is injured on your property and sues you for negligence, normally limited at the value of the home or perhaps twice its value in round figures (like $500,000 or $1 million), and the other is "med-pay" coverage, usually with a relatively small limit, say around $5,000, which will pay the injured person's medical bills regardless of fault. Very often, a homeowners policy does not have "med-pay" coverage, and that may be why the neighbor is refusing to pay for the surgery.

That doesn't change the fact that if they have general liability coverage, your daughter can still sue them and recover the cost of the surgery, plus pain and suffering damages. But of course, she would have to wait until the lawsuit is over (by trial or settlement) before she can collect. Texas does, however, have limitations on how much you can recover in certain cases, so consult a local attorney before you do anything else. If you like, I can recommend someone who has had numerous positive results.

You should also know that chances are if the neighbor has a mortgage on her house, she should have some kind of homeowners' insurance to protect the bank.

Feel free to e-mail me or call my toll free number 1-888-LAW-WIRE (1-888-529-9473) if you want to discuss it further.

Your neighbor's liability for your daughter's accident will depend on the facts surrounding the accident, such as the condition of the pool and who was in charge of supervising your daughter. Although, your neighbor does not have personal injury coverage, if your neighbor has a homeowner's insurance policy, there is probably liability coverage for the accident. You need to find out the name of your neighbor's insurance company and then speak with an experienced personal injury attorney.