I would recommend contacting an attorney. What you need to remember is you're not suing the person, you're suing their insurance company. The reason they got insurance is to pay for when they hurt someone or damage someone's vehicle. it's not personal it's just business. you shouldn't be inconvenienced when the wreck was someone else's fault and you been hurt by the negligence of another. I definitely recommend contacting a Texas personal injury attorney.
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Insurance companies give the runaround by nature. Insurance company insiders have documented the intentional policy to delay, deny and defend all claims. We all pay tons of money into auto insurance - the reason is to adjust claims such as yours. If you've been injured, stop monkeying around and retain an attorney ASAP to avoid further runaround. Here's more: BLUE LINK BELOW
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
A lawyer can help you cut through the delays and denials. Unfortunately insurance companies do not take you serious unless you have a lawyer. If you have any questions or just want to know your rights please do not hesitate to call or comment
Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.
Unless the rules in Texas are different, if you need to ultimately file suit the only named party will be the person who hit you and not the insurance company; though payment will come from the insurance company. I realize this is a neighbor but you have losses. Something was taken from you and all you want is for this person through his insurance policy to give it back to you--to make you whole. That's why this person purchased insurance in the first place--to pay for injuries and damages they may cause.
If you have medical bills and you were hurt you should also consider making a claim for those injuries and not be satisfied with just payment of your bills. Again, someone took from you and all you are asking is for them to give it back. If you went to the store and you were shortchanged for a quart of milk you would want the store to pay you back for what they took--no more--but no less. This is no different. It's only fair and not fair if someone gets to cause you damage and fails to take personal responsibility for what they did.
You will never be treated fairly by the insurance company. They are not in that business. How do they make money. THey don't make anything or sell a product. THey make money by selling insurance. They get to keep the money the policy holder pays if no claims are made. They lose money if they have to pay on claims. Take money in and don't pay any out--that's their business. if they give you the "run around" long enough maybe you will go away and they will keep what is now your money.
Why not get a consultation with a Houston area personal injury attorney. Most personal injury attorneys provide a free initial consultation. You could talk to a couple near you and then select one that you feel comfortable with. You should also select one that is experienced. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I would recommend that you speak with an attorney about the process- even if you handle the claim yourself. Many injury attorneys offer a free no obligation consultation where you can ask questions about the process.
This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.
If you are only taking about property damage, then you can contact your own insurance company and let them handle it from there. They will pay your damage minus a deductible and they will go after the other insurance. That way you are not involved and can say it is just my insurance company.
If you were injured, or you don't want to pay a deductible, then you will need an attorney. If you have to file suit, you must file against the driver, but his insurance company will pay for his lawyer and any judgment awarded, so it should not cause any personal conflict.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
Contrary to what some are saying, in Texas if the insurance company refuses to settle a claim reasonably, you must sue the driver individually. Insurance is just a Contract whereby an insurance company agrees to 1) provide a lawyer and defense when you get sued and 2) pay the judgment up to a certain amount (the policy limit.) thus, no you cannot sue the company. However, you shouldn't be afraid of bringing a lawsuit to make them pay what is fair. Even though you sue the person, it's the insurance company that pays.
All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.
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