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Category Archives: General Questions About Claims
The Importance of Personal Injury Protection Coverage in the Texas Auto Policy
People often ask me “do I really need personal injury protection insurance?” The answer is a definite “yes.”
Personal injury protection coverage, or PIP insurance, is no fault insurance that protects you and the occupants of your vehicles when you are involved in an automobile collision. It is typically available…
Posted in Auto Injury, General Questions About Claims
Tagged auto accidents, insurance law
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Personal Injury Loan Companies
There are several companies that offer to loan personal injury plaintiff’s money in exchange for a few ‘processing fees’ and interest on the loan. We discourage clients from using these companies.
What most people do not realize is that these companies are the loan sharks of the personal injury world.…
Relevant Case Law: Speegle v. Harris Methodist Health System, 303 S.W.3d 32, Tex.App–Ft. Worth, 2009.
Speegle v. Harris Methodist Health System, is a case that holds when a Medicare patient is injured and is treated for emergency care by a hospital, the hospital can opt to not bill Medicare but rater file a lien against the injured persons personal injury cause of action. If the…
Uninsured Motorist Policy Exclusions – The “No Contact” Rule Explained
You are driving down the road when some maniac swerves into your lane from the opposite direction. You, the responsible driver, take evasive action and swerve off the road into a ditch to avoid a head-on collision that would mean certain death. The car is totaled, you have a…
Posted in Frequently Asked Questions, General Questions About Claims, Uninsured/Underinsured Motorist Claims
Tagged claims process, Frequently Asked Questions, insurance law, UM/UIM claims
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Does Automobile Liability Insurance Cover Intentional Acts?
Scenario: A man gets angry because he believe you cut him off or wouldn’t let him in etc. He gets mad and intentionally rams your car. No worries, he has liability insurance, this is an auto collision and this is why we all are required to carry liability insurance right?…
Posted in Auto Injury, Frequently Asked Questions, General Questions About Claims
Tagged auto accidents, claims process, Frequently Asked Questions, insurance law
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What the Jury Never Hears
Sometimes people say to me, I just want to go to Court, tell the jury the truth and surely the will find for me. Its the age-old “the truth shall set you free” mentality. That’s when I have to sit them down and say something like: “well, lets talk about…
Do I have to pay my health insurance carrier back out of my settlement?
The answer to this question is usually “yes.” Most health insurance plans contain a subrogation clause.
“Subrogation” is the right to be reimbursed for expenses paid on behalf of another. There are three types of subrogation: statutory, contractual and equitable.
Statutory subrogation is where there is a specific statute or…
Posted in Frequently Asked Questions, General Questions About Claims
Tagged claims process, Frequently Asked Questions, settlement, subrogation
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Texas Supreme Court deals another blow to justice in Texas
The Texas Supreme Court handed down the Haygood v. Escobedo case this morning affirming the Appellate Court’s decision to require the Plaintiff in a personal injury case to offer only the actual amount paid by any insurance carrier, person, etc. rather than the amount that was billed. This effectively renders…
Where can I find out what municipal codes apply to my case?
For everything from building codes to leash laws, go to Municodes here:
Posted in Dog Bite/Animal Attack, General Questions About Claims, Industrial Accident, Premises Liability, Work Injury
Tagged dog bite, industrial accident, premises liability
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Does Making a Claim for Mental Anguish Mean That The Insurance Company Gets to See All of My Prior Medical Records Regarding Psychological and/or Psychiatric Counselling?
The Answer is “No.”
The Texas Supreme Court has held that a routine allegation of mental anguish or emotional distress does not place the party’s mental condition in controversy. In the case of Coates v. Whittington, Mrs. Coates claimed mental anguish in a personal injury action, and the defendant moved…
Posted in Frequently Asked Questions, General Questions About Claims
Tagged claims process, Frequently Asked Questions
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