Legal Question in Personal Injury in Texas

Houston TX

Uninsured motorist (UIM) caused accident (failure to yield right of way stated in police report for making a left turn into oncoming trafic). UIM hit a truck which hit our car.

UIM showed police an insurance card but insurance co. states that coverage had ended because payment was ~3 weeks overdue. Driver of truck had insurance but insurance co. claims truck driver was not at fault.

Medical bills ~$100K+ We only have $25K UIM coverage & $5K PIP that covers us.

What if the UIM can't pay (has no assets)? Are we responsible for the medical bills? Can the UIM become legally responsible to pay (whether or not they can) instead of us, and if so how do we proceed?

And, what if we can't afford to pay the medical and/or legal bills? What happens?


Asked on 5/06/10, 7:57 pm

3 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

If you are not currently represented by an attorney our law firm represents people with UIM Claims.

I have just handled a case just like yours where an insurance company denied coverage because of nonpayment.

There may be a way to go after the insurance anyway.

We must act quickly, call me: 512-478-8080 or go to our website: Texas Major Accident Law Firm.

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Answered on 5/11/10, 8:10 pm
Parker Polan Briggle & Polan, PLLC

I'm sorry to hear about your accident. I know that this is a stressful time for you. Without knowing more about the facts surrounding the incident, it is hard to explain how this entire process works. Personal injury lawyers work on a contingent fee basis, meaning you owe them nothing unless there is a settlement or verdict in your favor. I would be happy to talk about your case with you. My number is 512-472-8318.

Parker Polan

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Answered on 5/11/10, 8:17 pm
Jason Kipness Kipness Law Firm

You will need to make a claim against your own insurance for UIM benefits, assuming the negligent driver does not have valid insurance and/or does not have assets to pay for a judgment.

Also, you will need to take steps to negotiate down the amount of money you owe on medical bills.

Also, there may some responsibility from the truck driver. They are denying your claim hoping you will go away.

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.

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 claim hoping you will get mad and go away.

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

You may 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 Houston

Please visit www.kiplawfirm.com for free information about Texas car accidents.

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

Sincerely,

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Answered on 5/12/10, 7:39 am


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