uninsured/underinsured in texas

by Guest » Fri Mar 15, 2013 09:59 pm
Guest

i had an accident 3/5/10, 3 car accident and i was in the middle. suv was totalled. 3rd car that hit me had no insurance. I filed withmy own insurance and then come to find out he did in fact have coverage. My insurance at the time paid out my vehicle and reimbursed my deductible. Each and every time I contact Santa Fe they are rude, dont tell me anything about the claim. So I re-opened a uninsured/underinsured with my own insurance back in 11/12
I have had two knee surgery that my ortho states could have possibly been caused by the accident. AT the time my entire body was under stress and hurting and that the time that my legs started acting up..now thye are taking their time. they paid my medical surgeries to my knees through my pip, so if they paid and agreed that it was part of the accident, why are they taking forever to settle with me?

Please help!

Total Comments: 1

Posted: Sun Mar 17, 2013 03:53 am Post Subject:

i had an accident 3/5/10 . . . So I re-opened a uninsured/underinsured with my own insurance back in 11/12

This is the problem when a person fails to understand what the term "statute of limitations" is all about. Unfortunately, Texas has a 2 year statute for both personal injury and property damage.

When the collision occurred in March 5, 2010, the clock started ticking, and you had only until March 4, 2012 to file a legal action against the at-fault party and/or your own insurance company for a UMPD/UMBI claims denial. By coming back to your insurance company 8 months too late, you lost all entitlement to coverage AND you lost the right to sue anyone for damages. The insurance company is probably trying to figure out if they have any liability to you, but the answer to that is, most likely, no.

There is a remote possibility that an insurance bad-faith cause of action might exist, but you probably won't find an attorney willing to take the case on a contingency basis.

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