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Auto accident (no fault)

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JayB

Junior Member
What is the name of your state (only U.S. law)? Texas
My husband was in an accident in Tx. The person that hit him ran the red light and our truck was a total loss. On top of that we later found out that the driver did not have any insurance. We had to file a claim with our ins. company. They are giving us the market value for our truck leaving us with 2500.00 balance with the bank. Unfortunately, we didn't have any gap ins. What amount should we settle for for pain and suffering?
 


ecmst12

Senior Member
You don't get pain and suffering unless you were injured, and even then it's very difficult to get it from your own insurance company. You should have had gap insurance - the balance on your loan is 100% your responsibility.
 

JayB

Junior Member
Most of his medical bills are being covered by his health ins. Can that be recovered in the settlement from our ins. company? There is pip in the amount of 2500.00. That has been exhausted already.
 

ecmst12

Senior Member
The health insurance company will have to be reimbursed out of any settlement from the auto ins. Both the injured parties should consult attorneys (separately).
 

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