I have been sued and they are asking more than my coverage.

Asked 8 months ago - Dallas, TX

I have been sued and they are asking more than my coverage. My insurance co is taking care of my case but they said we might have to hire the another lawyer myself. Do I have to hire the lawyer ? 2 people were not serious injured at the time but one person has pre-existing condition for neck or back so my insurance co not paid. The other one was fine but they sued me for 250k ea.

Attorney answers (7)

  1. Steven Parnell Weaver

    Contributor Level 13

    6

    Lawyers agree

    Answered . You may be liable for any amount over the limit and yes you do need to probably get your own attorney. Consult local civil defense attorneys. You may have to spend 10-20 so you wont have to spend an extra 75 plus. Risk management. Sometimes you need lawyers to watch lawyers.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Retaining independent counsel would be prudent to protect your interests and assets

  3. Andrew Daniel Myers

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your own auto insurance company has a duty to attempt in good faith to settle within the policy limit. But, it is in your own best interest to consult with your own attorney to the extent that actual liability does exceed your coverage. Talk to the claims adjuster to find out what all the medical records indicate, get copies, and at least consult with your own attorney. See 'Legal Defense', section 3 in the article linked below:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. John Gus Zgourides

    Contributor Level 17

    4

    Lawyers agree

    Answered . Texas Rule of Civil Procedure 47 was recently amended to require plaintiffs to allege a specific amount. Cases usually settle within policy limits unless there are extreme circumstances.

    It is ALWAYS best to have personal counsel to monitor insurer-retained defense counsel. You can decide how much monitoring you will pay for. The jnsurer's lawyer does the heavy lifting in most instances. Your personal lawyer makes sure you are getting the legal services you paid for with your premium dollars, helps you find other coverage and/or potentialy responsible parties, and may also steer the insurer and plaintiffs to settle the case within your policy limits.

    I serve as personal counsel in these cases. An initial phone interview is offered at no charge.

    John Zgourides
    www.zgourides.com
    (713) 876-7001

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me.... more
  5. Gene Raymond Beaty

    Contributor Level 15

    3

    Lawyers agree

    Answered . It is the duty of the insurance company to warn you about excess coverage. The chances of a judgement exceeding your limits is highly unlikely, but it is possible. I won't recommend you do any more until the case is in litigation and then a second opinion from independent counsel should be considered.

  6. Robert C. Slim

    Contributor Level 13

    2

    Lawyers agree

    Answered . I get many questions like this. So many, that I actually wrote two articles that touch on the issue you raise in your question.

  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Without knowing more about the facts in your incident, it is difficult to advise you. You probably should write to your insurance company, keeping a copy for your records, advising them if you were negligent in causing the damages and, if so, urge them to settle the claims within the limit of your coverage. If they fail to resolve the claims within your policy limit and you are subjected to an excess verdict, you may have a bad faith claim against your carrier if you are hit with an excess judgment.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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