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.
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.
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.
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 advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.
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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Why pay for UIM coverage if you are not going to use it?
Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. See http://zgourides.com for more information.
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. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
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.