Skip to main content

If I have Not given permission to my Insurance Company and they have still divulged the details can I take any action.

Grapevine, TX |

In the month of April,2012 I was involved in a car accident. Although I denied it, I was put at fault. I denied it since my brakes did not respond and caused the accident. 5 cars were affected (including mine).

This accident happened in LosAngles, CA. I am currently residing in Dallas,TX.

My property damage liability has a limit if $10,000. The total claim from all other parties is $28,000.
Q1) Is there any legal way to protect my assets?
Q2) I do not remember giving permission to my Insurance Company to divulge the details of my policy limits. In this regard, I have asked them to mail me a copy of the permission letter. I am yet to hear from them. If I have Not given permission and they have still divulged the details, can I take any action.

+ Read More

Attorney answers 4


You have a problem if there are other plaintiffs making a claim against you and you only have $10,000 in property damage insurance and there are $28,000 in claims. You may get sued and not have enough insurance. I do not think you have any claim against your insurance carrier for honestly explaining your low limits of coverage. Go consult with your own attorney- you are going to need one.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at and Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at


There may or may not be ways to "protect" your assets, but to get the right advice and do it would cost you much more than $28,000.00. Note that in Texas much of your property is protected by homestead laws.

Your insurer does not need your permission to reveal policy limits.

Usually, but not always, the insurance company will not pay policy limits unless the other side(s) give a full release. Sometimes they will just put the policy limits in the court and let the other parties fight over who gets it. However, if your brakes really failed (and an examination of the vehicle would show that), then it is likely the insurance company will defend the case.

This can be very complicated, so I have left out some possibilities.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.



However, if your brakes really failed???? I don't understand these words. Do you think I would be joking about the brakes being failed. Anyways, I appreciate your response. Thanks.

Richard Kurt Arbuckle

Richard Kurt Arbuckle


Bad choice of words. Sorry. I have no reason to doubt you.


I agree, there are many variables to consider. Consult with a local attorney.

Mike Walker


lawyer may release an insured client’s confidential or secret information, including detailed work descriptions, to the insurer or an auditing firm hired by the insurer, only after the lawyer has made appropriate disclosure to the insured and obtained consent. Client consent to disclose confidential or secret information to the insurance company does not provide a basis to infer client consent to disclose the same information to the insurer’s auditing firm.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer