Michael Raphael Cowen's Answers

In an accident & the other party fault & clearly stated in the police crash report. Do I have to give a recorded statement?

You have no legal obligation to give the other insurance company a recorded statement. However, if you were not hurt, and you want your car fixed quickly, you might not have much of a choice. In cases where there was no injury, it does not make economic sense to hire an attorney, so you either have to put up with the insurance company's games, pay an attorney (even though the insurance company will not be liable for your attorney's fees, or figure out a way to represent yourself. If you have...

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Can I sue a retail store for a punctured finger?

If you did not actually contract Hepatitis, HIV, or some other disease, it would be difficult to justify bringing a claim in your situation. The damages would be limited to the pain caused by the needle stick, along with any medical costs associated with testing. In Texas, you cannot recover for fear of contracting a disease like HIV unless you can prove that the needle was actually contaminated with HIV so that you actually had some risk of getting the disease. Even if you tested positive...

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I need to know what do i need to do next

The minimum commercial policy depends on the gross vehicle weight of the dump truck. It was at least 26,001 pounds, then Texas law would require a 500,000 liability policy. If it was less, then Texas law would only require 25,000, although most business carry substantially more. If the dump truck was operated by a federal motor carrier, then federal law might require a 750,000 policy, if the truck had a high enough gross vehicle weight. There is a company called MEA Services that can...

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Do I need a personal injury attorney to sue?

Depending on whether you were injured, you may not need an attorney. If you were not hurt, you should try to work it out with the other driver's insurance company before talking to a lawyer. If the other driver's insurance company gives you a hard time (which is common), you may want to consider filing on your own insurance. Your insurance company cannot raise your rates if the wreck was not your fault. Your insurance company will then go after the other insurance company, and will...

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I bought a new tire at a tire shop 2 days later it exploded on the highway that cause me to be in a wreck

If the tire was defective, then the manufacturer of the tire is responsible for the harm that was caused by the tire failure. The tire shop may also be liable for a breach of warranty, or for failing to properly inspect the tire before selling it. The big issue is whether your injuries are severe enough to pursue a tire failure case. I have handled several such cases, and they usually cost me over $100,000 in expenses paying accident reconstructionists, tire engineers, and other expensive...

Should i get a atternoy

You definitely need to report the suit to your insurance company immediately. You may lose insurance coverage if you do not promptly report the lawsuit.

Do they have legal claim after verbal agreement was made involving car accident?

Unfortunately, such a conversation is probably not enough to prevent a claim from being made. You need to report the claim to your insurance company immediately. There are provisions in your policy requiring you to do so, and you may create a problem with coverage if you don't (which would mean that you, instead of the insurance company, would have to cover any damages, attorneys' fees, and court costs).

Do they have legal claim after verbal agreement was made involving car accident?

Unfortunately, such a conversation is probably not enough to prevent a claim from being made. You need to report the claim to your insurance company immediately. There are provisions in your policy requiring you to do so, and you may create a problem with coverage if you don't (which would mean that you, instead of the insurance company, would have to cover any damages, attorneys' fees, and court costs).

My car was parked and a car was reversing and hit my car but the driver was a the 12- year old brother will they cover it?

It should be covered because Texas law requires liability coverage to apply to all permissive users of a vehicle. However, some insurance policies are adding in provisions that purport to exclude unlicensed drivers or any family member who is not specifically listed on the policy. Unfortunately, if you are just fighting over the cost of repairing your car it may not be practical to hire an attorney and fight the issue if the insurance company denies coverage. Do you have your own...

I'm not sure of my Lawyer's follow thru.

It is difficult to second-guess another lawyer without looking at his entire file. That being said, the value of your claim will depend on the amount of insurance the garbage truck carried, as well as the amount of your medical bills, lost wages, and how you end up after you finish getting medical treatment. If there is a large insurance policy on the other side, then the lawyer may be correct that you should wait and see how your treatment turns out before trying to settle your case. The...

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