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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?

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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?

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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.

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