Settling a drunk driving injury claim is rarely a simple process. However, it can seem ridiculously adversarial when the drunk driver’s insurance company refuses to disclose how much liability insurance coverage he has to pay you for your injuries. Unfortunately, some insurance companies take this tactic in an effort to wear you down into accepting less than you are entitled to or to deny your claim altogether. You do have options if you are in this situation, but you will need the assistance of an experienced drunk driving accident attorney to implement them.
Why Is it Important to Know the Drunk Driver’s Insurance Coverage?
While the negligent drunk driver is most likely100 percent responsible for compensating you for your injuries, there is a practical side to your claim as well. The reality is that his insurance company—the source of payment on his behalf—is only responsible for paying you up to the maximum of his liability coverage.
In Texas, motorists are required to have a minimum liability insurance coverage of $30,000 per injured victim per crash and $25,000 in property damage per crash. If you suffered any significant injuries, this would most likely be far less than what you will need to cover your losses. You may need to pursue a claim under your own underinsured motorist coverage if you purchased this insurance or look to other sources of compensation. The bottom line is that you cannot decide how to obtain all of the compensation you deserve if you do not know how much insurance the drunk driver has.
What to Do If the Insurance Company Won’t Disclose How Much Insurance Is Available to Pay You
Your first step if you cannot determine the driver’s insurance limits is to retain an experienced drunk driving wreck attorney. You should do this even if you are not having a problem with insurance disclosure to avoid making inadvertent mistakes and to build a stronger case for compensation. Here is how you can discover the policy limits when the insurance adjuster won’t tell:
- Send a demand letter to the insurance company requesting information on the policy limits and documentation, such as the insurance declaration page, as proof of this.
- Ask the negligent driver. He may be willing to tell you this information if his insurance adjuster has not already advised him not to speak to you.
- Ask your insurance company for help. If you are filing a claim for your car repair costs or under your uninsured motorist coverage, your insurance adjuster may be willing to contact the negligent driver’s insurance company for you and obtain this information.
- File a lawsuit against the negligent driver. As part of the litigation process, your attorney can demand that the driver produce his insurance policy, which will have the amount of coverage listed.
Do you need to file a claim for compensation with a drunk driver’s insurance company? Contact us online or call us directly at 817.380.4888 to schedule a free, no-obligation consultation with a member of our drunk driving legal team.
We help injured drunk driving victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.