I trust neither insurance companies or the Tex. Dept. of Ins. Unfortunately, in this case they are right. The Texas case that says this is American Manufacturers Mutual Ins. Co. v. Schafer, 124 S.W.3d 154 (Tex. 2003). Sorry,
Henry Moore, Attorney
Board Certified, Personal Injury Trial Law
316 W. 12th, #318
Austin, Texas 78701
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You can sue the negligent driver for full compensation. Your insurance company will be entitled to reimbursement of what it paid you less the deductible. Your insurer is only liable to the extent of coverage set out in your policy. So, read your policy.
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