AUTOMOBILE AND TRUCK WRECKSIntroductionI have represented at least one thousand car wreck victims since I was licensed to practice law in 1986. The circumstances regarding settlement of automobile accident claims has drastically changed in this state over the last ten years. I strongly recommend that you read the information on the website and feel free to contact me with any questions that you may have. If you are reading this you or someone you know or care about has probably been involved in an automobile accident. We have prepared this section to assist you in understanding the insurance policies that apply to protect you and to help answer any questions that you may have. We will be happy to meet with you in person at our office or at your home if necessary to help you resolve any problems that you are having as a result of your automobile accident. PROPERTY DAMAGE AND RENTAL CARSIf your accident was caused by someone else and he has liability insurance then his insurance should pay to have your car fixed or pay you an amount equal to the fair market value of your car. The other driver's liability insurance company should also provide you a rental car after it accepts responsibility for the accident. Your own auto insurance policy may include coverage for rental and towing. You may use this coverage if there is a dispute over who caused the accident or if the other driver is not insured. POLICE REPORTIf a police officer investigates the scene of the accident, then the police officer will usually prepare a police report available from the respective agency within a few days. There is a different procedure for obtaining the report depending on whether it is prepared by DPS, the Sheriff's Department, Constable, or Local Municipal Police Officer. If no police officer investigates the scene of the accident, you should go to your local police station and obtain a blue form called a "Driver's First Report of Accident form." You must fill out this form and send it to the Texas Department of Public Safety within 10 days of the accident. Be sure and keep a copy of the report. It is important to complete this report accurately and as soon as possible to protect your legal rights. We will help you properly complete this important form. LOST WAGESEventually, the settlement of your case should include payment for your lost wages. The Personal Injury Protection (PIP) portion of your auto policy may pay some of your lost wages in addition to your medical bills. You may also be entitled to make claims against other insurance carriers such as worker's compensation or short term disability. MEDICAL TREATMENTYou may have already been to the emergency room or have your own family physician. However, you should consult with a specialist before you settle your case. I have handled many injury cases and can recommend doctors throughout this area or specialists in the treatment of different types of injuries. Additionally, you should review your own health insurance to determine the appropriate procedure for referral to a specialist. Ultimately, the other driver at fault in your collision should pay for your damages, including your medical bills. Your own health insurance and/or the Personal Injury Protection (PIP) portion of your auto policy can help pay your medical bills until your case is finally settled. RECORDED STATEMENTSInsurance companies usually take statements from those involved in accidents as part of their investigation. These statements are very important. You should consult with an attorney before giving a recorded statement to an insurance company. UNINSURED DRIVERSThere are many drivers in Texas who do not maintain the insurance that is legally required. If the other driver does not have insurance, then your Uninsured Motorist Coverage will provide compensation that would otherwise have been available from the driver causing the accident. Additionally you can purchase coverage called "Underinsured Motorist Coverage" which will be available in the event that the other driver does not have enough insurance to reasonably compensate you for your damages. We will help you determine that the other driver does not in fact have insurance or any other type of assets which can be used to compensate you for your loss in this accident. We will also review your insurance to see if you have uninsured motorist coverage or other available coverage. WHAT IS MY CLAIM WORTH?The amount of your settlement will depend on the severity of your injuries, the amount of insurance coverage available to you and an analysis of the cause of the accident. Texas law provides that injury victims can recover for:
LAWYERSYou probably do not need an attorney if you are absolutely positive that you are not injured and the insurance company has fairly and quickly settled your property damage claim. However, in most cases involving personal injuries, an attorney is necessary to protect your legal rights. I will be happy to meet with you and discuss your case. The initial consultation is free. I will generally advise you that obtaining a lawyer is proper when significant injuries and/or the possibility of the need for future medical treatment exists as a result of the accident. Generally, I will take the cases and assist you in obtaining medical treatment and presenting your claim for settlement to the insurance company. I will file suit if we are unable to obtain a fair and reasonable settlement from the insurance company. TRUCK WRECKSRegulations regarding drivers of eighteen wheelers and other commercial vehicles can be substantially different from those that apply to drivers of personal vehicles. If you have been involved in an accident with a truck driver, you should consult a lawyer. Regulations regarding truck drivers differ depending on whether the trucking company involved transports within the State of Texas or across state lines. Additionally, the type of insurance coverage available can be completely different for a commercial truck driver. If you or someone you know is involved in an accident involving a commercial truck driver, you should definitely consult an attorney before discussing the case with either the driver, the company, or the company's insurance representative. This website contains links to other sources of information including a sampling of some the regulations that are applicable to commercial trucking companies and their drivers. Presenting a claim for damages as a result of a commercial trucking accident can involve technical insurance coverage issues and other matters that require the advise of an experienced attorney. SETTLEMENTSGenerally, the amount of time it takes to resolve your claim depends on the degree and nature of your injuries. When a case is finally settled you will have to sign a release that waives your right to make any future recovery against the individual and the insurance company responsible for your accident in return for a sum of money. Generally, your property damage claim can be resolved relatively quickly and you can settle your claim for bodily injury at a later date. It is important to note that there is a Statute of Limitations which requires that you file a lawsuit within two years from the date of your injury if you are an adult. Minor children are allowed a longer period of time in which to file a suit, and claims against your P.I.P. or uninsured motorist coverage will generally have a three or four year time limitation. Failure to have a lawsuit filed within the time period required by law will result in your claim being nullified. However, you do not have to have your case settled within the time period you merely must have a lawsuit filed. CONCLUSIONAutomobile accidents can be very serious matters. The insurance industry has increased the difficulty of resolving automobile claims in this state during the last ten years. Generally, lawyers that handle automobile accident claims will meet with you for free and will accept cases on a contingency fee basis. I recommend that you consult with a lawyer before entering into any agreements with insurance companies on automobile accident claims including property damage and bodily injury releases. |
