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Gregory S. Baumgartner
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Gregory Baumgartner’s Answers

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  • Auto insurance company won't pay up. What should I do?

    It has been more than three months since the hail damage on two of my cars, and yet the insurance company won't pay up. I have full coverage. The claims were made on the same day after the incident. Claim adjuster came out and looked, and I was ev...

    Gregory’s Answer

    You may want to consider getting the manager of your adjuster on the telephone and explaining the situation.

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  • I was involved car accident and my airbags didn't work

    I need to see if I can sue the car manufacturers cause the air bag didn't work

    Gregory’s Answer

    It is not as simple as that, airbags are not designed to work in all crashes. Assuming it was an accident where the airbags should have deployed, their are other issues to be considered, the main one being how serious are the injuries as product cases are extremely expensive to pursue for the lawyers.

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  • I have finished visits with chiropractor,everything was sent to lawyer,how long before an offer made

    Car accident

    Gregory’s Answer

    It varies by many factors including the specific insurance company involved. If you have other medical records such as ER, that can take way longer than it should to obtain the records in court approved form. However, many insurance companies are now forcing lawsuits to be filed and only making low-ball offers early. If you have an attorney, I am sure they will contact you when necessary. If you do not have a lawyer, you probably will be looking for one after you get the "offer" from the insurer. Good luck.

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  • In a parking lot, my car and another car were pulling out of spots across from each other and bumped bumpers. Who's libel?

    Texas: I was backing out of a spot in a private parking lot when I felt a bump. When I looked around, there was another car now behind me that was not there seconds prior. Both of us were backing out at the same time. My bumper plastic got dented...

    Gregory’s Answer

    Very hard to say who is at fault here. In that situation the person making a claim against the other bears the burden of proving fault. Turn this over to your own insurer to handle.

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  • What can I do, I have had an accident and the at-fault party is denying it even happened?

    A man rear-ended me following me on a quiet street. There were no witnesses and no injuries. At first he refused to provide his insurance, but then I called the police and he suddenly became cooperative. We were done before police arrived, so we b...

    Gregory’s Answer

    There is no silver bullet for the situation. If you have collision coverage you may want to turn it over to your own insurance company and let them mess with it. Make sure to ask them to sue or otherwise collect your deductible if you go that route. If this ever happens to you again, make sure you document the crash before the vehicles by your camera on your cell phone, and otherwise document the crash if you do not wait for the police to show up. Some people have taken to shooting a video of the person that hit them apologizing and admitting fault at the accident. Do not feel bad this happens to people all the time.

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  • How to get insurance to cover medical bills

    I was rear-ended. There was no damage to either car but my back and neck are in bad shape. The other party is at fault but neither her insurance nor mine will cover my medical expenses.

    Gregory’s Answer

    It is a common misconception that auto insurers pay bills as they are due or advance money for bills. They do not do it that way. The negligent driver's insurer pays only a settlement or judgment and settlement would include medical they "accept". If you have PIP or Med Pay on your own policy, you can be reimbursed bills you have incurred by sending the bills to your own insurer and making a claim under the PIP or Med Pay.
    Finally, Texas has become extremely pro insurer and anti consumer and insurers get away with things in Texas other states would bring the hammer down on. Contact your state representatives and complain.

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  • Wonderingnabout civil lawsuit following car accident

    My son was in an accident where the other party was at fault. The other car has insurance but the driver had no license. My car insurance is helping us with a claim however we were just informed that the other vehicles insurance is denying the cla...

    Gregory’s Answer

    The easiest way to approach this is to make a claim under your own auto policy. Your uninsured coverage is for this type of situation. You will need to provide your carrier the latter from the other insurer denying coverage.

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  • How do i get settlement

    what is the maximum liability claim i can get from the insurance of someone who rear ends me and is found 100% at fault by authorities? Does the settlement also include car repairs and hospital fees? Do i really need a lawyer to get any form of se...

    Gregory’s Answer

    Generally, the property damage claim is separate from the personal injury claim. Insurance companies usually use different adjusters for each part of the case. The property damage would include repairs to your car, rental fees and things like that. The personal injury portion of the claim involves the medical expenses, pain-and-suffering and human damages. There is no automatic entitlement to anything. If you are fortunate you will be able to negotiate a settlement with an insurance company that is satisfactory to you. Given the political environment in Texas many people are finding it difficult to settle a claim on their own.

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  • I was involved in a car accident, a vehicle hit my car from behind and the rear bumper of my car was damaged.

    I was involved in a car accident, a vehicle (SUV) hit my car from behind. When this incident happened I was taking a left-turn from the left most lane. I spoke with that person to exchange the information and he wasn't ready to do so. I called th...

    Gregory’s Answer

    What's done is done. It is very unlikely that the officer will change his or her mind. Most likely the best course of action for you would be to hire an attorney to fight the ticket – make sure you find one that handles traffic tickets 100% of the time. Hopefully you had collision coverage for your own vehicle. I agree with the other conclusion that it might be an uphill battle seeking to get the other insurance company to pay for your vehicle.

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  • Can I sue the car manufacturer after a crash which resulted in the car flipping 3 times but the airbags didn't deploy

    I was driving drowsy trying to get to the next town car flipped 3 times got pretty bruised up and airbags never deployed I was able to walk away without any severe injuries

    Gregory’s Answer

    Dangerous product cases are extremely expensive for a law firm to handle (often 6 figures of out of pocket expenses) and you will have a very hard time finding an attorney to help you with this claim. There is an old lawyer saying (if the client can walk into your office you can not handle the product case), that is a little bit of an exaggeration but you get the point- damages have to be very bad to justify the huge out of pocket expenses.

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