If the defendants insurance company is ultimately going to have to pay for my damages why are we making a claim directly against the defendant?
Texas law requires that a claim be made directly against the at-fault party. This is true even though the at-fault party will not ultimately pay any part of the settlement or verdict. Many states have a “direct action” statute that allows an injured party to make a claim directly against the responsible insurance company. Thus far the insurance lobby in Texas has prevented Texas from having such a direct action statute.
Related Questions
- How long does an insurance company have to pay on a claim (such as a theft under my renters insurance)? Are there laws stating a certain period of time that a company would have?
- If the defendants insurance company is ultimately going to have to pay for my damages why are we making a claim directly against the defendant?
- I pay my hazard insurance premium directly to my agent/company. Why does MassHousing need proof of my payment?