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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32789
Experience:  16 yrs. of trial experience
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A man drove his truck into a building where my business located.

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A man drove his truck into a building where my business located. My business properties damaged in the accident. The loss exceeds the vehicle's liability limit. What should I do?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You can still sue...but if the damages exceeds the liability limit on the insurance policy, you would need to collect the additional money from the driver.

Under the law in Texas, if an individual is negligent, and the negligence results in economic loss, the victim can sue to recover for the losses. If the individual is insured, the insurance is required to pay, up to the insurance policy limit, if negligence is established (either by settlement or via a court case).

If the damages exceed the insurance limit, the individual then becomes personally responsible for the remainder of the damages

So you can sue for the entire loss. Collect the damage limit from the insurance company, and seek the remainder from the individual. If they refuse to agree to pay, you will need to sue them and obtain a judgment to force them to pay.
Customer: replied 3 years ago.
The individual was deceased at the scene, and the policy tied to his uncle who owns an insurance agency business in town. The liability limit only $100k which is very minimum, I don't know if it can a fault to his uncle.
I agree, the uncle is not going to be liable for this.

You would have to go after his estate. If he has money in his estate (property, assets, anything of value) you can sue the estate to recover.

If his estate is insolvent (no money) then that is that...there would not be a place to turn to after the insurance pays out.

I am very sorry to have to bear bad news.
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