Can my insurance company drop me suing for my uninsured motorist claim?
8 attorney answers
Don't let them push you around. In cases where you go after UM coverage your insurance company turns into the enemy essentially and will not work with you like they would have had the other driver had insurance. You need to get an attorney as soon as possible, cases like this involving drunk drivers go for policy limits. $4,000 is a pathetic offer. Get an attorney and don't like them take advantage of you.
No, they can not drop you simply for "going at them too hard", and they are giving you a low offer because you don't have representation and they are hoping you won't seek representation because you assume that it's your policy and they are doing what they can for you. I strongly recommend speaking with a personal injury attorney to help with your situation.
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Maybe they will refuse to renew your policy if you "press them too hard" on your UM claim, but frankly, do you really want them as your insurance company anyway? You paid your premiums with the reasonable expectation they would handle claims fairly should the occasion arise, and now look.
I disagree with your husband that you are "pressing them too hard." You are just asking them to evaluate your claim fairly. I would be interested to know what your $12,000 in medical expenses is comprised of (ambulance, ER, chiropractor, etc.) and whether any health insurance payments were made. If you really do have $12,000 in unpaid medical bills and your insurance company has offered you $4,000 then they deserve to get sued.
Whether you ultimately decide to hire an attorney or not, it sure wouldn't hurt to have a free consultation with an attorney to help you better understand the law as it applies to your case.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
According to the Texas Consumer Bill of Rights you cannot be dropped for making one claim for which you were not at fault, but of course, that doesn't mean your insurance company won't find some other reason. http://www.tdi.texas.gov/rules/bor-auto-english.html 17 . NOT-AT-FAULT CLAIMS. Your insurance company cannot refuse to renew your policy solely because of any of the following types of claims: claims involving damage from a weather-related incident that does not involve a collision, like damage from hail, wind or flood; accidents or claims involving damage by contact with animals or fowls; accidents or claims involving damage caused by flying gravel or flying objects; however, if you have three of these claims in a three year period, the insurance company may raise your deductible on your next renewal date; towing and labor claims; however, once you have made four of these claims in a three year period, the company may eliminate this coverage from your policy on your next renewal date; and any other accident or claim that was not your fault unless you have two or more of these claims or accidents in a one year period.
When you've been hurt and you need to pursue a UM/UIM case, you often need an attorney to make sure the insurance company acts fairly. You should schedule a free consultation with a personal injury lawyer. You have nothing to lose - and much to potentially gain - from meeting with an attorney. You and your husband can discuss all of your concerns and then you can make an informed decision. If you need help finding an attorney you can use AVVO's Find a Lawyer tool, you can ask friends or relatives for recommendations, or you can contact your local bar association. I wish you the best of luck with your recovery.
No they can't drop you. Insurance has to be the only business where you pay them money and hope you never have to use them. Talk to a lawyer. By the way, anything your UM carrier pays you, they turn around and go after the loser that didn't have insurance to begin with.
They are forcing you in a corner so that you have to sue them to collect on the policy you paid for? Who cares if they want to drop you! There are hundreds, maybe thousands of insurance companies who want your business. Talk to an insurance law attorney and move on with your life.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
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