If my husband’s license is suspended but a plumbing van turned into the side of us so the other driver was clearly at fault, will his insurance cover my vehicle and medical bills?

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If my husband’s license is suspended but a plumbing van turned into the side of us so the other driver was clearly at fault, will his insurance cover my vehicle and medical bills?

My husband’s back was broken in the accident but his license have been suspended; I wasn’t feeling well so I let him drive me to work. There has already been a claim filed on my insurance but it was the other driver’s fault completely. He stated that he never saw us will his insurance cover my vehicle and

medical bills.

Asked on April 29, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

His insurance *may* voluntarily cover your bills, but remember:his insurance is HIS insurance. It does not have an obligation directly to you, but rather to its insured. They may offer to pay you if they deem that is most cost-effective--i.e. that you will accept an amount they consider reasonable to pay in order to avoid the cost and risk of a potential lawsuit--but they are not required to pay unill and unless you sue their insured drive and win by proving his fault (and the lack of your own fault) in court. So if they do not offer you anything, or offer you less than you find acceptable, your recourse would be to sue the other driver and prove his fault in court. Given the extent of the injuries you describe, don't try to do this on your own: hire a lawyer to help you.


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