Legal Question in Personal Injury in Texas

I was involved in a Head On Car accidnet I was driving my son as passenger. We were hit 55 mph by driver who came accross major highway. We were at no fault. Their insurance company took full liability for our vehicle (already settled on truck) and agreed to pay our medical. They are willing to pay maximum (25 K each) of their clients policy. This will not cover all of our medical bills. They still have not sent us the Declaration page of their policy. I am suffering from major head trauma, having alot of problems, Have not been able to work, or take care of my family. We are also claiming the PIP on our policy but still is not enought for medical bills. What are our legal rights? and where do we go from here? Thank you


Asked on 8/26/10, 2:38 pm

4 Answers from Attorneys

Parker Polan Briggle & Polan, PLLC

You need to seek all necessary medical treatment, regardless of what the other insurance company says. Do this immediately. The insurance company is an adverse party and they are NOT going to represent your interests and will try to get rid of your claim for as little as possible. You need to hire a personal injury attorney ASAP.

You are entitled to receive past and future medical bills, past and future pain and suffering, lost wages, and disfigurement. I would be glad to assist you with this and speak to you and explain the claims and litigation process to you. I would not speak to the at-fault insurance company again until you have spoken with an attorney.

My number is 512-751-0680. My email is [email protected].

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Answered on 8/31/10, 2:46 pm
Donald McLeaish McLeaish&Associates;, P.C.

Unfortunately most policies are not adequate to cover severe injuries...however, now that u have some money tendered..hopefully in writing, contact a lawyer such as us or ohers where the accident happened and let the lawyer follow up..Since u had PIP, u probably had UIM which will cover both of you..AND it is possible the defendant had an umbrella policy..further..cars don't just come across the median..there may be other sources..ie his car maker/and if drunk..the seller ..etc..so just contact a competent lawyer for injuries..it costs nothing..and you will be sure to get all possible funds..and if u had health insurance, they may have rights to be paid back..so much to conquer....get competent help

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Answered on 8/31/10, 2:47 pm
Roger Merrill Merrill & Associates

Ask your agent if you have underinsured motorist coverage.

Depending on the other driver's conduct, you might be able to get the Texas Crime Victims' Compensation program to pay for your medical expenses.

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Answered on 8/31/10, 4:44 pm
Jason Kipness Kipness Law Firm

Typical insurance company tricks. They are not required to produce the declarations page unless a lawsuit is filed.

They are playing games with you. They do not want you to know how much coverage there is for your injuries.

I am sorry to hear about this terrible accident. You need to get medical treatment ASAP, regardless of the status of your claims.

You should also report this accident and your injuries to your insurance company and ask if there is UIM or UM insurance coverage for this accident.

DO NOT DO THIS WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

You will also need an attorney to negotiate with your healthcare providers to reduce the amount of $ you owe, so you can receive more compensation.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying the claim hoping you will get mad and go away.

I should know because I worked as a lawyer for auto insurance companies for 10 years.

You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident.

I can be reached at (214) 800-3454. We handle cases all over Texas, including Rusk.

Take a look at my website, www.kiplawfirm.com, for past client reviews and videos/information about car accidents.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Respectfully,

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Answered on 8/31/10, 5:12 pm


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