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David Wayne Hodges

David Hodges’s Answers

8 total

  • Car accident. Don't have personal injury coverage - what costs am I facing if I go to doctor, out of pocket?

    I was rear ended on an hi-way while vehicles moving. That was 4 days ago. Feeling a little sore. I want to see a doctor, I don't have personal injury coverage. I tried to schedule a doctors appointment but they said they handle billing of check ...

    David’s Answer

    The great thing about hiring a personal injury attorney is that he can usually find a doctor who will treat you under a letter of protection. This means that the doctor will not get paid until the case settles. In Texas, it's actually better for your case if you use a letter of protection vs. your own health insurance. Regardless, if you find yourself in this position again, you can always go to the ER to document your injuries. The sooner you get treatment the better it is for your claim for the reasons Daniel noted.

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  • My son was hit by a car while on his bike

    My son was hit by a car this week. He jumped the curb out into the street and the car hit him head-on...it wasn't just a clip. He rolled all the way up on top of the car and injured his leg and arm. The woman asked him if he was ok...or if he had ...

    David’s Answer

    From the facts you described, it doesn't really sound like a hit and run. However, it is up to law enforcement whether to pursue that case. If your child has not had medical treatment, I suggest you take him to your family doctor at a minimum.

    You may want to contact the officer and find out if he thinks the lady had insurance. You could also contact her directly to see if she will give you her insurance info.

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  • Can I do anything about finding an iron fishing hook in my shrimp take home cocktail. I bit it .

    Thank god there was no harm done but I could have shocked on it or much worse? Is there anything I can do about this?

    David’s Answer

    As others have mentioned, because you suffered no harm, it is unlikely you have a viable claim. Your best bet may be to have the cost of your meal refunded. I would not expect much beyond that.

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  • Who has right of way in a parking lot? My insurance company claims the person backing up always has right of way.

    I was hit by a car backing out of a parking space. The damage is my front quarter and his back quarter. I was partially in the other lane as I was swinging out to park across from this guy. The guy admitted he didn't see me. Why is the insurance c...

    David’s Answer

    I am not aware of any rule of the road or statute that gives someone the right-of-way while backing out of a parking space. Technically, a parking lot is not a public roadway, so a police officer should not be issuing tickets to any party in such a situation.

    However, the person traveling on a public roadway will have the right of way in relation to someone pulling out in front of them. Likewise, even though it's a parking lot, absent a stop sign or other traffic control device, someone who is established in a lane of travel will have the right-of-way over someone pulling out of a parking place.

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  • Are there any limitations to "Pain and Suffering?"

    can a person sue for pain and suffering? what is required to do that? Wont they have to prove it? An example could be, but isnt limited to someone being in a car accident but isnt hurt at all, but maybe wants to say that. What can be done if sued ...

    David’s Answer

    can a person sue for pain and suffering? Yes, a person can sue for pain and suffering in Texas. It is often submitted to the jury as "physical pain and mental anguish."

    what is required to do that? The filing of a petition stating a claim for damages. One of the categories of damages may be physical pain and mental anguish.

    Wont they have to prove it? Yes.

    An example could be, but isnt limited to someone being in a car accident but isnt hurt at all, but maybe wants to say that. What can be done if sued with it? If someone is not hurt, it's unlikely a jury would award these damages. There is no claim for negligent infliction of emotional distress in Texas. So, without a physical injury, it would be very difficult to collect for "pain and suffering." If someone files a frivolous lawsuit, the court may award sanctions in favor of the defendant.

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  • I have been searching the internet for Texas Settlement laws?

    Back in December of 2010 I was in an accident where the party at fault pulled out into traffic causing the accident. I found this odd that Texas allows for the Auto Insurance Company to wait until your treatment is completed before talking settle...

    David’s Answer

    Much of your question goes to insurance company practices rather than "Texas law." Many times, your health insurer will put the insurance company on notice of its right of subrogation. Simply put, the health insurance policy typically gives the insurer the right to get reimbursed from a third party settlement. To protect itself, the third party insurance company will send one check to the health insurer and another to you. This is a prime example of why it's important to have an experienced personal injury attorney work for you. Your attorney will negotiate with the health insurer in order to reduce the amount paid for subrogation. Your attorney can also refer you to healthcare providers who work under a letter of protection without submitting your claim to your health insurance. This allows you to recover the full value of your medical expenses rather than the amount that was paid by the inusurer (which is usually discounted). Your attorney will also negotiate the amount due to the providers who work under a letter of protection. In short, I would contact a personal injury attorney in Houston who can walk you through your issues.

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  • I got hit by a truck when I was riding my bike on Route 1. I have waived PIP coverage on my truck. Am I able to make a claim?

    I'm a resident of maryland but the accident occured in DC and the driver was a DC resident. The driver was at fault and he recieved a ticket for hitting me. I filed a claim with the driver's insurance company, but they asked for my auto insurance ...

    David’s Answer

    I am licensed in Texas, but I can tell you that your waiver of PIP does not affect your claim submitted to a third party insurance company (at least in Texas). I highly recommend that you contact an experienced personal injury attorney who is licensed in DC. We have an attorney in our office who is licensed in Maryland and he has told me what the adjuster is saying is not making sense.

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  • What are my legal rights when Liberty Mutual is saying I was 10% to blame for a wreck their client takes 100% blame for?

    I was leaving a parking lot and an officer motioned with his hand for me to stop to allow a wrecker to move a car. While sitting at a stop a car back up from his parking space and hit my front right bumper. His Insurance company Liberty Mutual i...

    David’s Answer

    We have seen this before, typically from a low-level property damage ajuster. If you stick by your guns, you may be able to get them to take 100% responsibility. I agree that you should let your insurance company sort it out if possible. It is unlikely that a complaint to the Texas Department of Insurance will do much good, but you should still document what they are doing. You can make a complaint online. I have attached the link.

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