How Traditional Carriers Deny Your Uninsured Claim

by AdminApril 24, 2024

This Blog was brought to you by the The Patel Firm, Principal Office in Houston

How Traditional Carriers Deny Your Uninsured Claim

Most affordable carriers are either based in another state, or they have operations in other states. But the larger and allegedly “better” insurers whose names you readily know can also try to take advantage of some of Texas’ rather ambiguous contract laws to deny your uninsured motorist damage claims. And though there can be variations on the basic strategy, here’s how one of them might work.

The Main Issue With UM/UIM Policies

The main issue in a UM/ UIM claim is that the insurance companies are not all that eager to sell additional coverage to their customers (regardless of the fact that it’s a state requirement) because they are equally eager to NOT payout on these policies. So they figure out a way to do that by creating an insurance contract in another state where they operate, in order to get around Texas Auto Liability Insurance laws because loopholes in the state’s fuzzy contract laws allow them to do that if it is executed in another state.

More about Houston auto accident attorney here

So once your own carrier starts trying to deny your claim, it now becomes a contract issue and not a tort issue based on our liability insurance laws. Most insurance carriers are not based in Texas, even if they have offices within walking distance from your home or place of employment. And one way to legally circumvent your claim is for the insurance company to assign you an adjuster who is based out-of-a state where it’s easier for insurance companies to avoid payouts on a UM/ UIM claim.

Trap Doors To UM Claims in Texas

And there are a few ‘trap doors” that a claimant must go through in order to counter this insurance company “shell game.” And if you’re not familiar with them, you’ll quickly learn why it was a terrible mistake to not retain a Texas uninsured car wreck attorney.

Why Accident Attorneys Are Crucial In UM Claims

In the case of an uninsured motorist claim, you have to provide reasonable evidence to show that the other party does not have any insurance. This is best done by having your attorney contact their last known insurance provider to provide an affidavit that attests to the fact that there is no coverage. Once it is established that no coverage exists, you then bring your injury claim against your own policy. But, since insurance companies don’t want to pay such claims, this means that your insurance company is now your opponent. And you have many of the same burdens of proof you would have in bringing a claim against the negligent driver’s insurance company – had they had insurance, to begin with.

Liability & Payouts

If you fail to establish that the other party was liable or if you are shown to be partially liable yourself, your insurance company can limit the amount they will pay. In other words, just because the other guy has no insurance and you have uninsured coverage, that doesn’t necessarily mean that your insurance company will automatically pay the full and fair amount of your damages. You still must show that the accident was not your fault. Otherwise, people who caused accidents would always represent to their own insurance company that the other guy has no coverage and the insurance company would payout to someone who doesn’t deserve it.

All of the normal burdens exist with regard to proving damages. And we’ll cover those in a minute. Also, most people hurt their claim against their uninsured motorist policy by thinking they can have candid conversations with their own insurance company. The second you file a claim against them they will use all that you discussed against them.

Contact a Houston Uninsured Motorist Attorney

An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rearview mirror.

by AdminJuly 6, 2023

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Gross Negligence Defined

The only way you can sue a company that is a workers’ compensation subscriber is by proving its gross negligence led to the death of your family member. Instances such as momentary lapse of focus or reason, or an isolated error, are considered standard negligence and are protected by workers’ comp. But if either an employer or one of its employees habitually displays recklessness or carelessness in the performance of their duty to protect others, that is considered gross negligence. Say a fellow worker accidentally knocks a cinder block off the roof of a building and crushes an employee standing below. This is an example of standard negligence. But if the construction company habitually allows a construction site to pose a hazard due to debris constantly lying around, and other objects have repeatedly been knocked from the building, then that is gross negligence. The worksite’s foreman should have been reasonably able to anticipate the possibility that a fatal accident could have been a consequence of that hazardous environment.More on this webpage

One of our clients was the family member of a construction worker who died when his boss ordered him to work on a crane without a properly functioning safety harness. Not only did the worker’s harness malfunction and cause him to fall to his death, but the owner of the company also had the sheer audacity to race to a nearby hardware store, buy a new harness, and attach it to the corpse before the death was even reported. But because we undertook an investigation and interviewed other workers who were at the scene, we were able to expose the owner’s callous attempt at a cover-up.

In order for your family’s wrongful death lawsuit to be successful, you need to have an experienced attorney on your side who can strategize a rock-solid case that can meet the high standards necessary to prove gross negligence.

Non-Subscribing Companies
Because a non-subscribing company did not purchase workers’ comp insurance, the only way to gain restitution is through a lawsuit. In this case, however, the plaintiff needs only prove the occurrence of standard negligence to win restitution, and standard negligence has a much lower standard of proof.

The State of Texas, in effect, punishes non-subscribers by making it easier for a plaintiff to win a wrongful death lawsuit. However, the litigation involved in such a case can be much more intricate and emphasizes, even more, your need to have an experienced attorney on your side. Not only must the plaintiffs in this kind of case prove their loved one’s death was due to the company’s standard negligence, but they must also prove the amount of compensation they are trying to obtain is fair and just.

by AdminOctober 17, 2022

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Fatal Car Accident Attorneys

Our Law Office Helps You Understand What to do After a Fatal Car Accident

If you and your family are suffering and dealing with losing a beloved family member after a fatal car accident, our hearts go out to you. Dealing with the sudden loss of a loved one, regardless of the circumstances, is an ordeal that none of us deserve, but many must endure.

In the midst of your grief, this sudden loss was likely caused by negligence by the driver or someone else. And though it might seem inappropriate to think of anything but mourning your loss, this accident is undoubtedly affecting you and yours financially. Contrary to what your family might think, it is certainly appropriate to consider how your family will be appropriately compensated for your damages and those that your deceased loved one suffered. Someone needs to help you handle this part of your family’s business before someone who doesn’t care about those interests and victimizes your family during its time of profound sorrow.

Most of us drive responsibly. We obey traffic laws, use our seatbelts and child car seats, and are alert to our surroundings when driving. No matter what we do to keep ourselves, our families, and other motorists safe, that responsibility is not always shared by other drivers. Drivers who are thoughtless, careless, drunk, tired, or distracted can come crashing into our lives without warning, no matter what we do. All we can do is watch out for them and hope to avoid them in time when they come careening out of control into our lives.

After an auto accident that kills someone you love, there’s a lot you can do to protect your rights with the help of the right fatal car accident attorney. You can rightfully seek compensation for the financial, physical, and emotional damages surrounding the tragic fatal auto accident that took your loved one from you and yours. In fighting for that right, you are opposed by powerful forces. They have one goal in mind, to deny the rightful financial remedy you and your family deserve by law: rights that, with the help of an experienced fatal auto injury lawyer, you can effectively protect and keep you safe from the fiscal disaster this wrongful death can become.

If you wish to receive the fairest legal damages that your insurance claim or civil case can bring. In that case, we hope this Web page will help you understand the apparent need to hire an attorney who has experience in personal injury and wrongful death auto accident cases. Some might handle this matter themselves or hire inexperienced counsel who talks a mean game. But we feel obliged to explain some of the basics of wrongful death auto accident cases as a service to our visitors.

Attorney Blog