Reviewing insurance policies after a motorcycle crash.
Start with the other driver’s liability policy, then ask whether the facts point to other coverage. Vehicle ownership, commercial use and the wording of each policy matter. Another owner’s insurance or an excess policy may need review, along with the rider’s uninsured or underinsured motorist coverage, personal injury protection and any other applicable benefits. None of those possibilities is a promise of payment. The actual policies and crash facts must be examined.
At the consultation, you might have only an insurance card and a few emails. Bring them, but let counsel know that the rest of the policy still needs to be obtained. The declarations, endorsements and list of insured vehicles belong in that review. So do letters about the claim, its identifying numbers, and any statement or release you supplied. A lawyer cannot decide whether your motorcycle is covered merely from the address on a family member’s auto policy. Ownership and the actual wording matter. Describe a fleeing driver or a no-contact crash carefully, too. Those facts raise questions about both coverage and how to prove the claim.
For each possible policy, ask: Who is insured? Does this vehicle and this use fall within the coverage? What exclusions might apply? Was the driver working for someone? Counsel also needs to know whether the insurer has reserved its rights and whether other injured people are seeking payment from the same limit. A large limit alone tells you little about the amount you can recover. You still need proof of liability and damages, and you may face a collection problem even after proving a substantial loss.
Suppose the insurer says it will pay its limit. Before accepting, ask counsel what else has been checked. Another policy may need investigation, or the release may dispose of claims you meant to keep. The amount offered also needs to be considered alongside the medical proof, lost income and any dispute over your responsibility. Ask which sources could realistically pay and request an estimate of the amount left for you after valid deductions. The motorcycle pillar develops these questions, and the hub routes to the next decision. Ask about your policies during a Dallas consultation. Texas Insurance Code Chapter 1952 provides the statutory background.
Does UM/UIM automatically pay when the other driver lacks sufficient insurance? No. Eligibility and amount depend on the contract, legal entitlement to damages and applicable Texas law.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers