Skip to main content
Patrick R. Scott

Patrick Scott’s Answers

101 total


  • My 16 yr old underage/unlicensed daughter was involved in a parking lot accident in someone else's car. Do we need a lawyer?

    My 16 yr old daughter was given the wheel to drive her boyfriend's van while he ran into a store. He knew she did not have a license. She bumped into a car in front of her, then reversed and bumped the car behind her. The front car called for a...

    Patrick’s Answer

    As Mr. Adams advised, report this incident to both the boyfriend's insurance carrier and your insurance carrier. If applicable, the boyfriend's insurance will be primary and your insurance will be secondary for any liability claim. The boyfriend's insurance should cover her as a permissive user so long as he does not have a policy that specifically excludes all other drivers. The same applies to your insurance: If she lives in your household, your insurance may apply so long as she is not excluded.

    I would let the boyfriend's insurance company and your insurance company deal with this. They will hire an attorney for you if the claim ends up in litigation (assuming she is not excluded). If you would like to have all of this explained to you in detail, then I suggest you take Mr. Adams advice and spend a little money to have a consultation with a defense lawyer in your area. Good luck.

    See question 
  • If your car was hit and you know how insurance co. give you the run around and it stress you out and your bp went up and dr has

    taken you off from work should they be responsible for loss wages 1/19/13 - 2/8/13

    Patrick’s Answer

    Yes, if someone has injured you in a car wreck, then they are responsible for compensating you for your lost wages. The insurance adjuster has no incentive to be with fair with you and she is not looking out for your best interest. You need to focus on recovering from the wreck and getting back to work, not on fighting the insurance company. Contact a personal injury attorney in your area so they can fight for you and take all the stress of dealing with the insurance company off your shoulders.

    See question 
  • Can I be forced to pay a lawsuit against my husband in Texas?

    My husband was accused of scratching a parked car and the owner claimed she would sue him. The house is under both of our names. If bank accounts are in my name only and this became an actual lawsuit, would i be forced to pay them with these acco...

    Patrick’s Answer

    The short answer to your questions is yes. In Texas, any and all community assets are at risk for the torts of a spouse. This means even if the property is in your name, if it's community property, then that asset can be used to satisfy a judgment. A spouse seeking to protect a separate asset must show by clear and convincing evidence that the asset is separate property and cannot be used to satisfy a judgment.

    The practical reality is if your husband only scratched someone's car, the likelihood of that person suing your husband, getting a judgment, then executing the judgment on any of your community property is very low. If your husband ran into a parked car, then you need to contact your insurance company immediately and put them on notice of the claim. You have a duty under your policy to provide notice of the claim to the insurance company. They will investigate the claim and defend you if the person files a lawsuit. In short, if your husband negligently caused damage to a parked car, contact your insurance company and let them handle it. Good luck.

    See question 
  • I was in an accident in Sept.2012, it was a 3 rd. party claim, i have medicare, my medical bills were around $8,000

    now medicare did a reduction and my medical bills are only about $2,400 could you please tell me how much should I ask for in the settlement, this monday the claim adjuster said she will have everything finished and call me with a figure, please h...

    Patrick’s Answer

    I agree with Mr. Vuljasinovic. More information is necessary to answer your question. Only an experienced personal injury attorney can give you an accurate evaluation of your claim. The insurance adjuster you are meeting with on Monday is not looking out for your best interest. Her goal is to pay you as little as possible for your claim. She has no duty to tell you the truth and she no incentive to be fair with you. You may be entitled to additional damages that you are not even aware of.

    The Medicare payment is an additional reason you should contact an experienced personal injury attorney. Due to recent tort reform measures in Texas, your claim is affected by the amount that Medicare paid the provider. Further, Medicare has a lien on any proceeds that you receive. This means you must pay Medicare back prior to receiving any money. An experienced personal injury attorney can walk you through this process to ensure you receive the compensation you deserve. Most will offer you a free initial consultation and you have nothing to lose. You can search for an attorney near Brenham using the Avvo search feature or other sites such as lawyers.com. Good luck.

    See question 
  • Can an owner of a life policy also be the beneficiary?

    My Aunt has listed me as the owner of her life policy. There is an assigned beneficiary in place that is not me. Who gets the money once my aunt passes on?

    Patrick’s Answer

    More facts are necessary to fully answer your question. A life insurance policy is a contract with the insurance company. Once the insured person dies, then the insurance company pays benefits under the contract to the named beneficiary.

    It is unclear what you mean by "my aunt has listed me as the owner of her life policy." Are you the owner of the policy or are you a named beneficiary? If you are the "owner" of the policy, then the contract may be void because you may not have an insurable interest in her life.

    In order for you to insure the life of your Aunt you must have some "insurable interest" in her life. Every state is a little different when it comes to life insurance policies. In Texas, courts have held you may have an insurable interest in the life of another in three instances: 1) you are so closely related by blood or affinity that you want the other to continue to live, irrespective of monetary considerations, 2) you are a creditor, and 3) you have a reasonable expectation of pecuniary benefit or advantage from the continued life of your Aunt.

    It would be far better for your aunt to own the policy and for you to be the beneficiary under the policy. It's unclear based on the facts you provided whether the insurance company would have a contractual obligation to pay you. If this does not answer your question, then give me a call on Wednesday and I'll try to point you in the right direction.

    See question 
  • What legalities do I have if in car accident and other person refuses to contact their own insurance, but has contacted mine?

    My insurance is ready to settle and wants to repair my vehicle, but the other insured refuses to get in contact or return any letters from his insurance company. What legalities do i have in this case? Not only is the insurance on his end an issue...

    Patrick’s Answer

    As Mr. Flowers advised you, go ahead and make the claim through your insurance company. You will have to pay the deductible. Your insurance will "subrogate" against the other insurance company. This means they will make the claim on your behalf to be reimbursed from the at fault person's insurance company. When your insurance company "subrogates" against the at fault insurance, they will also seek your deductible. You will not need to take any action for your insurance company to subrogate against the at fault party. Ask to speak with the "subrogation adjuster" at your company for more details. At some companies, the same adjuster that inspects your vehicle will handle the subrogation. For example, if you have Farm Bureau and live in a smaller community then the local adjuster that inspects your vehicle will also conduct the subrogation investigation.

    In short, make the claim on your insurance and let them pay for your vehicle damage. If you are injured, then contact a personal injury attorney immediately to discuss your rights.

    See question 
  • I was in a motorcycle accident last month in Houston,Texas. I have no health insurance and unemployed. What can I do ?

    What can I do to see if entiltled to getting my hospital bill paid and to recieving money for pain and suffering?

    Patrick’s Answer

    If the wreck was not your fault, then you likely have a claim against the responsible party. The at fault person will be responsible for your medical bills, pain and suffering, the damage to your motorcycle, and possibly other damages.

    Look at your own insurance policy to determine if you have PIP (personal injury protection). If you do, then make a claim to have your medical bills paid. If you do not, then add PIP coverage so you will have it on the policy in the future.

    You should contact a personal injury in San Antonio or Houston immediately to discuss your case. The longer you wait, the less likely you are to be successful. Most personal injury attorneys will offer you a free case evaluation to discuss your rights.

    See question 
  • Do I have a breach of contract / bad faith claim against my own insurance company?

    I was fully insured and involved in an accident. Other party was 100% at fault, deceitfully provided lapsed insurance information, and lied about events. No police report. My insurance company incorrectly accepted fault and paid out (under collisi...

    Patrick’s Answer

    It appears your liability carrier made a decision to pay a claim and you were not happy with the decision. Unfortunately, it's not your decision to make under your policy. The insurance company is there to defend and indemnify you against liability claims against you. If someone made a claim against you and your carrier decided to pay it, then you have no recourse against your own insurance carrier for that decision. When you say "my insurance company accepted fault" you likely do not have all the facts. Many of these carriers participate in internal arbitration with each other to resolve small disputes. They do this to save money.

    Bottom line: You cannot sue your own insurance carrier for paying a claim against you that you feel your carrier should not have paid. They were doing what you contracted for them to do. Bad faith only exists in first party claims against your insurance company. For instance, if you made a claim for a covered event and your company refused to pay you, then you may potentially have a bad faith claim for that improper refusal to pay.

    See question 
  • Can you provide me with case that shows that without good faith cause a Home Owners Insurance Company cannot require me to give

    Need Case sample of Home Owners Ins. as mine is trying to make me provide names and addresses of individuals who gave me gifts that wre stolen

    Patrick’s Answer

    To my knowledge, there is no case in Oklahoma specifically addressing the request made by your insurance company. An insurance company may make reasonable requests for information in order to investigate a claim. It sounds as if the carrier does not believe you owned the items that were stolen and they have flagged your claim as a potential fraudulent claim. Many carriers refer to the department that handles these flagged claims as "SIU" (Special Investigations Unit).

    The insurance company has the burden to avoid coverage. There are certain penalties that may apply if the insurance carrier refuses to pay your claim in a timely manner. I suggest you contact an insurance lawyer to discuss your case further. I have handled insurance bad faith cases for several years and would be happy to speak with you regarding the facts of your specific claim. The initial consultation is free and I may be able to give you some advice that will result in the carrier paying your claim without the need for legal representation.

    See question 
  • Hi there, my husband was rear ended over the weekend and I just wanted to know what we are entitled to in Texas?

    He was hit from behind and pushed into the car in front of us. Police came but did not file a report and the majority of the damage is to our car. Are we entitled to any compensation for the inconvenience...the other insurance company is certian...

    Patrick’s Answer

    Was your husband injured or do you only have property damage?

    As a general rule, you are entitled to be put in the position you were in prior to the loss. In other words, to be "made whole." You have two main claims: 1) a property damage claim, and 2) a bodily injury claim.

    Property Damage. You are entitled to be compensated for either the cost of repair or the fair market value of your vehicle. Also, you are entitled to "loss of use" damages. Assuming the car is not drivable, then you are entitled to the value of loosing the ability to drive your vehicle either 1) while it is being repaired or 2) until you are paid a reasonable amount for the fair market value of the car.

    Bodily Injury. The bodily injury claim is more complicated and I highly recommend you hire an attorney to assist you if your husband was injured. Generally speaking, you are entitled to your medical bills, pain and suffering, any lost wages, and other damages depending on the facts of your claim. With recent tort reform measures in Texas, navigating your claim on your own can be a tricky and arduous process.

    I suggest you contact a personal injury attorney in your area to discuss your rights. Most will offer you a free initial consultation that will provide you with a better idea of your remedies based on the facts of your specific claim. Good luck.

    See question