Houston, TX asked in Insurance Bad Faith and Insurance Defense for Texas

Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

I was driving my car when the drive shaft broke off,as a result I lost control of my car and had to break hard and suddenly to prevent an running into anything. My children and I both are experiencing whiplash..pain in neck/head,stiffness ect. I called my insurance because I wasn't sure what to do. I have full coverage insurance and when I called I was told only my car was insured and I didn't have medical so they were not liable. Is this true?

2 Lawyer Answers
Reid Adam Winthrop
Reid Adam Winthrop
  • Insurance Claims Lawyer
  • Newport Beach, CA

A: If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.

Justin Charles Roberts
Justin Charles Roberts
  • Tyler, TX
  • Licensed in Texas

A: In short, I would call a local personal injury lawyer to discuss this issue. It seems that you simply don't have anything for your insurance company to reimburse you for, given that you don't have any medical treatment or damage to your vehicle.

As a more general matter, be careful to check your insurance policy to see what it covers. "Full coverage" isn't an actual insurance term. Overall, because of Texas law, most drivers purchase auto liability insurance, which pays to repair or replace the other driver's car and pays other people's medical expenses when you’re at fault in an accident. Importantly, liability insurance doesn't pay to repair or replace your car or to treat your injuries. Other types of coverages, including personal injury protection, uninsured or underinsured motorist, medical payments, collision, and comprehensive, can help you pay for these other expenses.

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