Medical bills exceed the policy. We found out at-fault party has equity in his home. Do we do a policy limits demand wherein we ask for a contribution as a requisite to our acceptance of the policy limits or a regular demand and wait for the insurance company to extend the policy and thereafter ask for a contribution?

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Is there no UM available? I usually send out an affidavit of no other insurance to see what other assets are available. I can send you one off chat unless you’ve already done that. There’s usually a protection for your initial home depending on the state up to a certain amount.

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If you want contribution, ask for it. Don’t mess around.

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He’s not worried about them tendering, hes trying to get additional money from 3P without having to file, like negotiating with them above the PL to prevent a lawsuit and judgment for more

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Make sure you’re actually able to get that equity before you spend too much time and resources.

In Texas and other debtor friendly states the primary home of a person is essentially untouchable.

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Does your client have health insurance? Medicaid, private, etc?

I mean what do you have to lose? Worst case they simply tender. (Or fight, obvs)

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