Login|Contact Us
Question and Answer

Personal Injury Law

Ask a Personal Injury Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Personal Injury Question--Texas Jurisdiction Please pass on

 

Customer Question

Personal Injury Question--Texas Jurisdiction Please pass on if unfamiliar with Texas subrogation and consent to sue, consent to settle. Narrative: Hit by an at fault driver, and the insurance carrier is trying to settle property and personal injury. The at fault driver caused fatality but was insured for $30,000 limit

Investigating assests of the at fault driver, umbrella coverages, driving personal vehicle for company, etc etc.

Investigating product liabiltiy under strict liability and failure to warn.

There are four other policies outstanding where the non fault driver was listed as insured. Will stacked these policies under the UIM coverage?
Question 1 Should I go ahead and make a demand for the policy limits of the UIM coverages before a suit that determines the judgment amount given that it was a fatality and the at fault driver was carrying 30,000?

Question 2: Do I need to get consent to settle from all the insurances concerning UIM just for settling the claim against the at fault driver or for settling with all the other insurances?

Question 3:
How should I word the consent to settle with the at fault carrier without relieving the at fault driver of the personal injury suit that will be filed later after forensics, investigation, etc. In other words preclude settling now from being a dismisal with prejudice. (Should There should be some language in the settlement that operates to stop the at fault driver from later saying that their liability was settled?)

Question 4 The Texas Law has changed and now says that their can be no bad faith if there is no judgment of damages. So, if the UIM carriers refuse, I have to get a judgment. The concept suggested is go get a declaratory judgment and it will offer attorney fees (not guaranteed) and then pursue the make demand on the UIM claims.

Question 5: Is there a nuance in that the 30,000 is so minimum on a fatality and wrongful death that the insurance company will inherently be considered operating in bad faith given that an average claim is 2-3 million in Texas? Please suggest any nuances or opinion on the above scenario and procedure.

Submitted: 299 days and 19 hours ago.
Category: Personal Injury Law
Value: $59
Status: CLOSED
Picture
Expert:  Fran-mod replied 299 days and 10 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 299 days and 7 hours ago.

Still waiting on answer. Thanks

Picture
Expert:  Fran-mod replied 299 days and 3 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly

Picture
Expert:  Fran-mod replied 297 days and 1 hours ago.

Please understand that it’s rare when we cannot find the right professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately at your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.

 
Tweet

6 Personal Injury Lawyers are Online Right Now

Ask Your Question Now
Ask A Personal Injury Lawyer
Type Your Personal Injury Law Question Here...
characters left:

Top Personal Injury Law Experts

See More Personal Injury Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Personal Injury Law

  • Questions about Toxic Tort Laws and Litigation
  • Mercury Poisoning Questions
  • Lead Poison Questions
  • ATV Accident Questions
  • Accident Claim Questions
  • Attempted Assault Questions
  • Questions about Assault and Battery Laws
  • Reckless Endangerment Law
  • Aggravated Assault Questions
  • Domestic Violence Law
All Personal Injury Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Personal Injury Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
222 Personal Injury Lawyers are Online Now
Type Your Personal Injury Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan