How insurance companies are involved in vehicle-accident cases in Texas
In Texas, you can’t sue the liability carrier, the insurance company themselves. You’re required to sue the party who actually did the wrong. In an 18-wheeler case, you sue the 18-wheeler driver and/or his company if they have violated a law and caused an accident, but the insurance company comes in and defends them. Juries don’t know about that. We’re not allowed to tell, by the rules of evidence, that to a jury. You can’t mention insurance, but in every case, there’s always insurance available. What you hope is that the person who has caused your injuries has sufficient insurance to compensate you for your damages or the harms that have — that you have. If you have your own insurance, and someone without insurance… Some of the statistics show that 25 to 33 percent of the drivers on Texas roadways are uninsured. It’s just a necessity, I think, that you make sure that you’re carrying uninsured or underinsured — or to shorten it, UM — coverage on your own vehicle in case one of those drivers runs into you. Those… we look at all those different types of coverage. There may be umbrella coverage out there for certain companies or individuals if your damages exceed the amount of their basic liability policy. If you’re — if you have health insurance and those pay for some of your medical bills, they may look for subrogation against any recovery that you receive from a liability company. The insurance aspects of this is a very complex area of what we do, and, really, I think a good reason for hiring a lawyer to get through that maze of insurance law that applies in any case where somebody’s been hurt.