confused on insurance , and auto accident

What is the name of your state (only U.S. law)?
Orange TX,

My husband and I were in auto accident on 1-18-2009. We were hit by a 18 wheeler. It was the driver of the trucks fault. We have seen a doctor, and we both need to have surgery. I have had surgery on my neck already and need to wait 6 months for my back surgery. My husband needs to have surgery on his back as well. We have been told that the insurance company has a million dollar policy on accident. We are being told that my surgery cost $300.000 and that my husband will be $500.000. My question is it a million for each person. and do they pay the medical separately from a settlement. We do have attorney, but can't seem to get any answers from him except how much the cost so far. It doesn't seem like the cost is right. My surgery on my lower back will cost about the same as my husband. That means it will be a total of $800.000. that doesn't leave any money left for the attorney or for our lost wages and pain and suffering. Can someone please tell me how the insurance policies work.
Thank you for your time.
Annmarie WestWhat is the name of your state (only U.S. law)?

We don't know how the policy is written.

HOW DO i FIND OUT HOW THE POLICY WAS WRITTEN?

No need to yell. Ask your lawyer. He is the only person who would know.

Sry I didn't realize the caps were on,

He never returns our calls or answers our questions.
Thank you

I would suspect the million dollars is the total policy and not per individual. As such, that would be the max the insurance would pay in any case, whether actual or any other form of damages.

if that does not leave anything for attorney's fees or P&S, well, it is what it is. If your damages are greater than the million, you can sue the driver and, depending on the situation, the owner of the truck and the leasing company the truck is leased to. If this is a company truck (truck owned and operated by some corporation, you may be able to include them in a suit. If any of the entities that have any liability in this issue have big pockets, you may be able to collect more than the million dollars of the policy.

Of course, if the insurance company offers you the million to settle, they will likely include a release along with that which would preclude you from suing whomever they represent in this situation.

We have told the attorney that we want to settle, that we are tired of playing the game with everyone it has been almost 2 yrs and is not getting any easier for us. How long does it take for a settlement? I don't think I can take much longer of living like this.
Thank you

something better happen pretty quick. Texas has a 2 year statute of limitation on suing for personal injury. If a settlement is not reached or a suit filed within that time, the other party can walk away and not be held accountable at all.

Wow I did not know that. The accident was 1-18-2009. Does that mean they have to settle before that day, or just a lawsuit has to be filed. The insurance company has known for over a year that we were filing a suit. They finally got served on June 11,2010. After 4 failed attempts to serve them.
thank you again this helps me alot I don't feel so alone here trying to figure this all out.
Thank you.

Your attorney should be your primary information source. If he is not being responsive then maybe it's time to look into getting a new one. This is too important to trust to someone who is not serving your needs.

. Does that mean they have to settle before that day, or just a lawsuit has to be filed.

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either one works but if neither takes place, you lose all chances of collecting anything.

The insurance company has known for over a year that we were filing a suit. They finally got served on June 11,2010. After 4 failed attempts to serve them.
thank you again this helps me alot I don't feel so alone here trying to figure this all out.

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I see. You have already filed suit. The statute of limitations is no longer relevant then. This doesn't have to be settled by then, just filed.

I believe you misunderstand what I meant with a settlement. I was referring to a settlement outside of the courts. In other words, if you settle, there is no need to go to court. Since you have filed, the timeline of 2 years is not a concern now. You can continue to negotiate. If that fails, you can continue on with the legal suit.

We have thought about that but feel we are in to deep with attorney, because he does pay our rent, electric and phone bills for us. I was told that he will still get his 33percent.As well hiring attorney will also get their 33 percent. So I feel stuck.
thank you

thank you justalaymen you have been really helpful to me. I pray this come to a end very soon, We have been stuck in this state for along time. We came out here to help with the hurricane clean up when we got hit. We feel like we are being punished though this whole thing. We live in a travel trailer with no income coming in. We have one family here and it is very hard. Thank God we have GREAT neighbor that takes us where we need to go. It is just so stressful not being able to live our lives like we are use to. I'm just trying to get a time frame on how much longer. I guess it could take years still.
Thank you once again

I expect that whatever the attorney has paid for your rent is an advance on your settlement and will be reimbursed to him when he gets the payment from the insurance company.

Shiningstar6219 said:

I guess it could take years still.
n

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yes, it could take years.

ecmst12 said:

I expect that whatever the attorney has paid for your rent is an advance on your settlement and will be reimbursed to him when he gets the payment from the insurance company.

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I must have missed the part about the rent. As ecmst12 states here, if the lawyer is paying rent, or anything actually, it is likely an advance on your settlement. It's a simple question to ask and answer with out attorney. If it hasn't been addressed already and you are not understanding of the financial arrangement you have with your lawyer, you need to speak with him/her so you do understand the situation.

those deductions from your award later can be confusing, especially if you did not understand the financial arrangement with your lawyer.