Q. I was injured and my car was totaled by a young man that ran a red light. I would like to try to handle the claim on my own since it is clear who was at fault. Isn't the Insurance Company going to treat me fairly and make a fair settlement since I was not at fault?
A. NO! Insurance companies love to try to take advantage of people before they have a chance to talk to an attorney. Most insurance companies will even try to encourage you to not even talk to an attorney before settling the claim. They use fear "The lawyer will take one-third of this check we're about to pay you just for talking to them" to talk you out of getting good advice. All insurance companies know that if you hire a good, qualified lawyer the value of your case increases dramatically. If not, why would they care if you hired a lawyer?
You may not need an attorney to represent you in your case. No one, however, should settle a case without understanding the claims process and how insurance companies work to try to pay as little on your claim as possible. Typically the insurance adjuster isn't going to tell you that you might have to turn around and take the check they just paid you and pay it to your health insurance company. They don't care about you or whether your claim is settled fairly. The adjuster just wants to close the file and get you to release all of your claims for the least amount of money possible.
There are many other matters you need to be aware of when trying to handle your own claim. I have written a free Book entitled TEXAS AUTOMOBILE INJURY HANDBOOK that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies.
If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at info@kerrycollinslaw.com or kcpc@txis.net. You can also call me at 817/335-9700.
The Law Offices of Kerry H. Collins & Associates, P.C.*
1301 Ballinger Street Fort Worth, Texas 76102 (817) 335-9700
(877) 988-1603 Toll free kcpc@txis.net
info@kerrycollinslaw.com www.kerrycollinslaw.com
*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization
Q: My wife was severely injured when a young man ran into the rear of her car. The young man showed the police proof of insurance at the scene but now the Insurance Company is claiming the young man has no insurance coverage because his father did not list him on the insurance policy. Are we just out of luck?
A: Depends. Insurance companies have started trying to use this type of exclusion recently. Such an exclusion probably violates Texas State law and the common law that states a driver is covered by insurance if they got permission from the owner, who had insurance that covers the car.
However, you need to check to see if you purchased Personal Injury Protection (PIP) insurance and/or Underinsured (UIM) insurance on your car's policy. (PIP) Coverage is no fault insurance and will pay your medical bills plus 80 percent of lost income. You can only buy it in limits of $2500.00, $5000.00 or $10,000.00.
You may also have purchased Uninsured/Underinsured Motorist (UM/UIM) Coverage. In your case since you were hit by someone that appears to have no insurance coverage your damages will be covered if you purchased Uninsured coverage. Uninsured coverage is there to pay for your damages in the event the person who hit you has no insurance. You can buy much higher insurance limits under (UM/UIM) Coverage than you can for (PIP).
I have written a free Book entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS that explains all the different types of insurance coverage available and what I recommend everyone carry.
If you have any questions or would like one of my free books entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at info@kerrycollinslaw.com or kcpc@txis.net. You can also call me at 817/335-9700.
The Law Offices of Kerry H. Collins & Associates, P.C.
1301 Ballinger Street
Fort Worth, Texas 76102
(817) 335-9700
(877) 988-1603 Toll free
kcpc@txis.net
info@kerrycollinslaw.com
www.kerrycollinslaw.com
*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization
