What are my options or do I even have a case agains my own insurance company?

Asked almost 2 years ago - Houston, TX

I had an accidident on Betway 8 north and close to JFK, by the time the police arrived I was unconcious, I had hit a pole and some road signs. the abulance got there and took me to the hospital and kept me there for 3 days, nothing wrong was found with me. The police reportstated that it might have been a possible zeisure but I dont remember having one, all I can remember is watching a car come at a high rate of speed off the exit ramp and by the time i woke up i have lot of people around me. the truck was damage accourding to the officer as a total. the insurance company has not once called me or send me any mail. I have called them several time and left many messages and to no avial. I dont know what else I can do. I need my truck to go back to work and the hospital bills arrived yesterd

Attorney answers (6)

  1. 13

    Lawyers agree

    Answered . If you purcharsed uninsured motorist ("UM") coverage on your own auto policy, you must prove contact with an uninsured vehicle to have a covered loss. If the driver of car that exited the freeway hit your car and fled, you would have a potential UM claim against your own UM insurance policy. If there was no contact, then there is no UM coverage.

    You might have PIP or MedPay coverage (which doesn't require proof of negligence), but the amounts of coverage on those policies are usually very low. You say you were hospitalized for 3 days and "nothing was found wrong" with you. That certainly doesn't help your legal claims.

    If you had a seizure and hit a pole, and if no contact with a negligently driven uninsured motorist, you may have no recourse other than seeking benefits under your PIP or MedPay coverage (if you have it). Ask your agent for a declarations page in effect at the time of the crash. Then see a lawyer.

    John Zgourides
    (832) 299-5051

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. 13

    Lawyers agree

    Answered . John Zgourides has provided a very thorough answer.

    With respect to your truck, if you have collision coverage your insurance company should pay repair to/total loss of your vehicle.

    With respect to your hospital bills, if you have health insurance you should make sure all your medical providers, including the ambulance company, have the information they need to bill your health insurance.

  3. 10

    Lawyers agree

    Answered . The other attorneys have given great answers. I would only add that you quit calling the insurance companies and start communicating in writing and keep proof that you sent the correspondence.

  4. 6

    Lawyers agree

    Answered . Call the commish. http://www.tdi.texas.gov/commish/

  5. 4

    Lawyers agree

    Answered . Your own insurance company has a contractual duty to act in good faith when you open a claim, but if you don't have Personal Injury Protection, Medpay, or Uninsured Moterist coverage there are probably no damages for their failure to act in good faith.

    One thing to look into- you have to reject having PIP or UM coverage- if they can't find the signed rejection forms, you have it, and their stonewalling opens them up to several different claims. Start communicating with them in writing and keep copies so you can prove it, and when you make phone calls, ask for supervisors.

  6. 1

    Lawyer agrees

    Answered . The downside of a liability insurance state vs a no-fault state is that you must be able to prove that someone elses negligence cause the wreck. Proving you were in a wreck but you don't know why often leads to no coverage on injuries and only pd coverage under comprehensive coverage. I am sorry, but you will have a tough burden. Consult a personal injury attorney who offers a free case evaluation and bring your complete insurance policy in for him to review.

    All information provided here is for educational use only and does not constitute legal advice nor establish any... more

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