Dallas, TX asked in Car Accidents and Personal Injury for Texas

Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?

I have no assets, liability is not an issue, there were no serious injuries, so I’m a little confused as to why they choose to continue on with this. I’ve said since day one, the accident was my fault, she was not seriously injured, yet she chooses to get a lawyer and go on with this nonsense, even after being offered policy limits. The only things I own are the clothes on my back and a cell phone that’s it. I don’t have a lot of money.

2 Lawyer Answers

Rahlita D. Thornton

PREMIUM
Answered
  • Personal Injury Lawyer
  • Houston, TX
  • Licensed in Texas

A: Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.

Daniel John Christensen

PREMIUM
Answered
  • Personal Injury Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your insurance carrier was presented a "Stowers" demand for an amount within your policy limits and they failed to respond before the deadline, then the claimant can still proceed forward to try to get a verdict in excess of the policy limits. That would be one reason they set a trail date in spite of the carrier now offering policy limits.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.