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I was in a ped/auto accident in Texas. I'm the ped being hit by the auto. Am I not able to get more than the BI available ?

I was told that if the person that hit me only has a certain amount of bodily injury insurance. That is ALL I will be able to get no matter what. Also I can't take the house or car, but what if they have more than one house and car. I feel like I'm not being told the truth. My attorney has stated that my specials are at least more than double than what he wants to fight for. I have permanent injury from the accident.He badgered me into accepting the release money from ins co. but I have not taken it and finalized. I am frightened to do this because of future health repercussions and issues.I am nervous about settling for not even what surgery would cost that I could need in the future.. My husband is medically retired and this has totally changed our life. I need help and guidance.

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Attorney answers (2)

Avvo Pro

Reputation Level 12
I do not practice in Texas, so I would consult with local counsel before relying on this answer. However, you pose a question of general law, so here's the general response:

Your recovery for bodily injuries is not, with certain limited immunity exceptions in some jurisdictions, legally limited to the amount that the tortfeasor (the driver, in your case) carries. You are entitled to recover the amount of your consequential damages, including disability, likely future health complications, pain and suffering, medical expenses and lost earning capacity.

However, your attorney is likely advising you concerning the more practical limitations; you can't get blood from a stone. Insisting upon seeking reimbursement for more than an insured's coverage limits will usually require you to try the case and obtain a judgment, which may mean a signifcant delay in your recovery. Furthermore, even if you were to obtain such a recovery, there are many ways to limit access to personal assets that will require significant litigation to get past, and there's always the protection of bankruptcy, which will potentially discharge a litigation debt.

You should sit down with your attorney and have him explain to you why in these circumstances he is strongly recommending settlement at coverage limits. He may have very good reasons beyond what your current understanding is for his recommendations. However, after hearing him out, If you're dissatisfied, remember that he works for you, not the other way around; you have a right to retain an attorney who'll follow your instructions, as long as they are ethical, and zealously pursue your claim to the limits you feel are fair.

Avvo Pro

Reputation Level 10
Mr. Malis is correct. In Texas you can certainly sue a person for more than the policy limits of his insurance. But Texas provides a lot of protection to people who have judgments against them. As you said, you cannot take a person's home, car, clothes, work tools, and a long list of other items. In general, it's not worth suing someone unless they are fairly wealthy. Your attorney can do an asset check to determine whether the defendant has other assets.

It sounds like you are getting accurate information from your lawyer, but perhaps it is not being explained to you fully enough. You need to sit down with your lawyer and talk about this until you are sure you completely understand the situation.

Good luck to you!

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