MVA Rear-end Collision
Q: My wife and I were at a red light when a delivery truck hit us in the rear. There were plenty of witnesses and the police officer told us the delivery truck was at fault. Since we were not at fault do we have to prove anything to the insurance company so that they will pay for our medical bills? Won’t the insurance company be fair to us?
A: The answer to your first question is YES. You have what is called the "burden of proof". Just because you were hurt doesn’t mean you are automatically entitled to money. You must prove that someone else was negligent or careless and that it was their negligence or carelessness which caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose.
And NO they won’t treat you fairly. They have no reason to. In fact, some of the tricks they will use in handling your claim are:
Require you to provide unnecessary information. Intentional delay.
Dispute your medical treatment.
Nickel and dime the medical charges.
Tell you that you have to give a recorded statement. Promising to take care of you.
Arguing that you could not have been hurt in this "fender bender".
Arguing you are partially at fault.
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. Also, download my free APP on your Android or iPhone so that you will know what information to get at the scene should you be involved in an automobile collision.
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 firstname.lastname@example.org or email@example.com. 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
(877) 988-1603 Toll free
*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization