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

Q: If pain and suffering, injuries etc exceed the policy limit of the at fault persons insurance. What can I do?

Can I still sue the insurance company for more money?

3 Lawyer Answers
Randy Sorrels
PREMIUM
Answered

A: Typically, you cannot sue the insurance company for more than their insurance policy limits. There are one or two exceptions, but unless you have made a demand for the insurance policy limits (with a whole bunch of provisions in it), then you are probably limited to the insurance money. You can also consider suing the driver for more than the insurance money too. But don't accept the insurance money and sign a release if you are going to sue the driver.

Gregory S Baumgartner
PREMIUM
Answered

A: Generally, the insurance carrier for the negligent party will only pay up to their policy limits on a claim. If you have underinsured motorist coverage on your auto policy, that policy can provide coverage on top of the limits from the adverse insurer. There are certain very limited circumstances where one may collect more than the primary limits from the other party's insurer if the insurance company should have and could have settled the case within the limits but failed to do so. This situation is known as a "Stowers demand" and is complex and would require assistance from a personal injury attorney.

Doug Goyen agrees with this answer

Doug Goyen
PREMIUM
Answered

A: I agree with Attorney Baumgartner. I would just add that if you are looking at a situation where the limits of the other driver's insurance are going to be exhausted, you should actually consult with a law office that handles auto accidents. There are situations where there may be other liability insurance that can cover the claim - (such as if the other driver was driving someone else's vehicle - if both the driver and the owner of the other vehicle had separate liability insurance, there may be two liability insurance policies). Additionally, as Attorney Baumgartner said, you can use your underinsured motorist coverage (if you have that coverage), but there are steps that should be taken prior to settling with the liability insurer first in order to use your underinsured motorist coverage. If you are not represented by an attorney in this situation it is definitely worth calling a personal injury attorney's office for a free consultation - they can ask you the relevant questions to determine if you have additional options.

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.