The Odds are Nearly Even That Your Injury Claim Will be Denied: Regardless of the Insurer

The Odds are Nearly Even That Your Injury Claim Will be Denied: Regardless of the Insurer

A popular tactic of some auto liability insurers is to suddenly find an excuse to cancel the policy of its customers once they are involved in an injury-related accident. There are many from which they can choose. Some cancel them for no reason or say that the monthly premium payment didn’t arrive before the wreck was reported, even if it did come a day or two later during the mandated ten-day grace period.Accident Attorneys

The Texas Department of Insurance keeps records on how insurance companies honor claims, and they’ve recently revealed some very sobering data. One Texas minimum coverage insurer took-in over $271 million in premiums in one year. But it has a claims complaint index that is two-and-a-half times higher the state complaint average. Another took in $575 million and had a complaint index of nearly four times the state average. The TDI also has a “top 10” list of insurers that have the highest total complaints in the way they handle claims.

A recent analysis of the Insurance Department’s consumer complaint figures showed that 11 of the 25 largest auto insurers in the state, all of whom are supposed to be honoring over 100,000 policies, had a complaint index that was above average. Complaints that drivers filed with the state included such practices as delays in processing claims, “low-ball” offers and settlements, denial of claims, and liability disputes.

Another favorite trick of some insurance companies in denying an injured claimant is for an adjuster for the company to tell the injured party that if the claim isn’t paid, the person will have to hire a lawyer and will probably wind up with little money for the trouble. At that point, the driver feels forced to take 50 percent or less of the claim for damages. This excuse is patently false. But since the driver probably hasn’t talked to an experienced auto accident attorney, he’s probably unaware of this fact, feels that he’s alone against the big bad insurance company, and accepts the substandard offer.

In one year alone, Texas consumers filed more than 6,600 complaints against auto insurers in Texas. More than half were filed by drivers who said they were not at fault in an accident but had trouble getting an insurer to pay their claims. Texas Watch is a watchdog consumer group that has turned more of its attention to auto insurance issues and their trend of higher denials: but UM/UIM and the more reputable firms as well. The group says that unethical companies have an advantage because they undercut regular insurers on price primarily because of their claims payment practices. A spokesman says, “the business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up.”

Texas Watch completed a survey of customer complaints when filing damage claims against auto insurers in Texas. The most frequent complaint types and their percentages were:

Delays in handling claims – 36.7%
Unsatisfactory offers – 21.8%
Denial of claims – 16.3%
Denial of claims – 16.3%
Customer service – 10.5%

In an underinsured motorist coverage claim, things can get very complicated for non-attorneys. For an underinsured claim to be valid, you have to show that you exhausted the other available policies. In other words, if you have $100,000 in total damages and the negligent driver has only $60,000 coverage, you have to get all $60k, or your UIM claim is viewed by your insurance company (if you have UM/UIM coverage) as invalid.

It is common for the defendant’s insurer to pay you only 70% of the value of their policy. But the fact that you didn’t collect full amount makes it impossible for your UIM claim for the difference to be honored by your carrier. There are a few well-known insurance carriers on that top-10 list that is kept by the Texas Department of Insurance; firms you would think would not be on that list.

It is essential to have an experienced accident injury attorney help you with both claims (the liability claim against the other party and the UIM claim against your insurance) since your success lies in collecting full damage value from both. In cases where you successfully get the other party to tender policy limits, thereby exhausting that policy, you still encounter the difficulties of your company’s insurance adjuster’s alleged ignorance concerning Texas laws, particularly the Texas Deceptive Trade Practices Act.

Your claim then becomes a contract issue between you and your carrier rather than a tort issue. Our Law Firm knows how to leverage a TDTPA violation claim against an insurer (either the other guy’s or yours) to do the right thing and pay both of your legitimate claims when an underinsured motorist has hit you.

Call us today. One of our accident injury attorneys will patiently listen to you, analyze your case, and explain your options. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you to bear.

The period after a car accident is often stressful and confusing. Don’t add to it and the confusion it creates by letting an inexperienced attorney handle your case or represent yourself when you are unqualified. With decades of experience, we are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know was injured in a car accident, contact an attorney at our Texas Law Firm today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.


Truck – Bus accident Lawyers – Personal Injury Attorneys

As attorneys who represent the young man who is the most seriously injured surviving passenger in a major bus crash, we listened with great interest today to the National Transportation Safety Board (NTSB) members explaining their findings about what caused the crash that took so many lives, and left so many injured.

Disastrous events such as this one can provide important “lessons” on how needless injuries and deaths can be prevented. Most disturbing about today’s hearing was the sense that past lessons from other horrific wrecks have been ignored. Here is just some of what the NTSB discussed today:personal injury law

The NTSB placed primary responsibility for the crash on the bus driver, who among other things veered onto an exit ramp at high speed (in excess of the speed limit), and failed to react by slowing the bus, apparently because he believed he was still in the HOV lane. As is well-documented, the bus then struck a railing on the overpass, and toppled from the overpass onto the interstate below, which caused many passengers to be ejected. More here @

The NTSB discussed evidence that the driver had driven 10 1/2 hours the day before to meet this bus, and then started driving this bus at 4:30 a.m. with at most 6 1/2 hours of sleep. One NTSB member referred to the driver as an an “unqualified driver” because his medical certificate had expired, and noted that the bus company failed to monitor and instruct drivers as to their medical qualifications to drive. The NTSB had other criticisms as well.

What is also disturbing is the lessons not taken from the history of earlier fatal wrecks on this same exit ramp. The NTSB noted that this ramp had been the site of nine wrecks–three of them fatal–in the past, six of which had been single-vehicle wrecks. The drivers involved were not from the area, the NTSB observed.

As one NTSB member stated, the State Department of Transportation “missed the boat” in failing to identify the exit properly with adequate signage, and failing to install adequate traffic control devices, among other things, for the “unexpected” arrangement that drivers found at this exit. NTSB thus identified these failures as a contributing cause of the horrendous wreck.

The NTSB also discussed DOT’s failure to respond appropriately to the documented history of wrecks and fatalities at this same location.

The NTSB discussed the need for greater protection of occupants of buses. Prior bus crashes show that occupants are killed or injured because of the absence of simple protections such as seat belts–there were none on this bus. Here is one excerpt:

“The National Transportation Safety Board determines that the probable cause of this accident was the motor coach driver’s mistaking the HOV-only left exit ramp. Contributing to the accident driver’s route mistake was the failure of the State Department of Transportation to install adequate traffic control devices to identify the separation and divergence of the HOV-only left exit ramp. Contributing to the severity of the accident was the motor coach’s lack of an adequate occupant protection system.” Please click this link @

We can only hope and pray that the lessons of this crash–which should have been learned previously–will not be ignored this time.
Carabin & Shaw P.C.
630 Broadway St, San Antonio, TX 78215

Car Accident Attorneys – Personal Injury Lawyers

Car Accident Attorneys – Personal Injury Lawyers

An auto accident attorney is one who specializes in car accident laws. There are numerous lawyers who give auto accident legal services, but a wise, experienced, and skillful attorney is who a victim of an accident (or plaintiff) should look for.Car accident attorneys

The best car accident attorney helps the plaintiff in achieving better trial interrogation, getting maximum compensation from the defendant and obtaining satisfactory results from the insurance claims.
A car accident case is usually filed under a civil lawsuit and personal injury laws, unless and until it is done deliberately. A personal injury due to an auto accident calls for a capable auto accident attorney. The attorney proves that the injury and the victim’s property loss is due to the negligence of the defendant and makes the appropriate claims for compensation.

In an auto accident, the attorney of the plaintiff files a case against the defendant if…

the defendant has caused injury to the plaintiff

the defendant has failed to abide by the laws

the negligence of the defendant has put the plaintiff at risk

In all these instances, the law suit is valid and the victim can sue the defendant.

There are four usual causes for car accidents:

Failing To Obey Traffic Signals
Driving Under The Influence Of Alcohol
Distracted Driving – Texting

In these instances the victim can claim he was completely right and the accident is due to the other person. But it is not always easy to prove, and sometimes mistakes can happen from both sides. It is not always easy to judge who is more at fault.

Meanwhile, the defendant comes prepared to escape from the verdict and fines. This is why a victim should hire an experienced auto accident attorney to fight for him.

The car accident attorney helps the plaintiff in understanding laws and approaching courts in the right manner. He assists in skillful participation in interrogations and helps the victim to get compensation for losses.

Although the victim is innocent, if the defendant is able prove that he or she acted reasonably under the situation, then the lawsuit will not be valid for compensation.

Similarly if the defendant disproves the charges filed against him or files a counterclaim against the plaintiff, then an experienced attorney is a must. It can save you a lot of unexpected trouble and expense. The negligence of the defendant must always be proven in order to win a lawsuit.

The plaintiff is responsible for gathering enough evidence from the scene of the accident. You’ll need to be able to show the negligence of the defendant in the act committed. Be sure to get all the details of the driver, the make and model of the car, photographs of the accident, and an accident report. auto accident lawyers

All of these will help the lawsuit result in rightful judgment. If you can get witness statements, they will be an added benefit and will help to resolve the issue even faster.

It may be a lot easier if you can settle the matter out of court. A auto accident lawyer may be worth consulting and seeking assistance for a better negotiation.

A auto accident attorney can also help you in filing your insurance claims. If you’ve been the victim of an accident, consult a lawyer for the expected reasonable insurance settlement amount.

Sometimes an insurance company might offer a low settlement amount, less than the reasonable amount. An experienced attorney will negotiate with the insurance company for a more reasonable settlement amount.

There are numerous law firms to consider if you need a auto accident attorney. I would suggest that you look for a auto accident attorney that has a No Win – No Fee policy. If you don’t receive compensation, you don’t have to pay the lawyer.

Finally, remember that the victim of a car accident can only file a lawsuit within 2 years of an accident. After that time, your claim will not be considered valid. No matter how small the injury may be, always ensure that you are compensated. The auto accident attorneys will definitely help you in your fight. More information here @

Car Accident Attorney – Personal Injury Law

Car Accident Attorney

Are you intimidated by the insurance red tape in the aftermath of a car accident? Have you suffered a personal injury in an SUV rollover? Have you lost a family member in a truck or motorcycle accident due to the negligence of another driver?car accident attorneys

If you have been hurt in a car accident, call Our Law Office for a free initial consultation. Our law firm has helped clients recover from car accidents since our founding in 1984.

Recovering from a Car Accident

At our Law Office, we will seek to maximize the financial compensation of your injury claim, including lost wages, damage to property, medical expenses, and pain and suffering. Our law firm will be you legal and personal advocate in negotiations with insurance carriers and, if a fair settlement cannot be reached, we will make sure our clients are as prepared as we are for the litigation process.

Truck Crash Cases

As trucks far outweigh most other vehicles, the resulting injuries can be significant in trucking accidents, including turning accidents and jackknifing. We handle semi crash cases of trucks hauling gypsum, grain, and other heavy and hazardous loads carried by semi and big rig trucks. In truck crash cases, you may be able to make an injury claim against truckers, the trucking company, contractors, insurance companies, or some combination of parties for their negligence.

Motorcycle Accidents

As a motorcycle rider, you are less visible and more vulnerable to serious injuries. We represent riders who have suffered catastrophic and traumatic head and brain injuries, and we assist families who have lost a loved one in filing a wrongful death lawsuit. Nothing can replace your loss, but we can help you recover a financial settlement.

motorcycle accident attorneys
motorbike accident on the city street

If you have been hurt in an auto, motorcycle, truck, or pedestrian accident, you must obviously seek medical help immediately. Once we have a report from your physician, we can better assess your claim and begin building your personal injury case. We will interview witnesses and police to determine negligence and liability in your car accident case, and rely on your doctor to state your current and long-term medical needs.

Contact Us

We provide each client with the personalized care and service he or she deserves in overcoming a personal injury. Get the compensation you need, and begin by contacting us for a free initial consultation.

Car Accident Death – Personal Injury Lawyers

“Know How” to get compensated for the loss of companionship due to fatal car accident cases

A lot of new road safety laws have been applied during the past few years aiming to reduce the car crash death percentage, but in vain. Unfortunately statistics show that it only rises with each and every following year. The truth is that if we do not take the responsibility for our own actions, no rule or regulation can help us. If we don’t do more to protect ourselves, the number of car collision fatalities will not decrease.personal injury law

Fatal car accident

The Fatality Analysis Reporting System and the American law system defines car death cases as misfortunate events in which a motor-vehicle participating in a road crash, injures an individual that dies within 30 days after the car collision, not only the people who pass away immediately after the crash. This means that even if your loved ones go through the initial shock and passes away in the hospital and not at the collision scene, you are eligible to receive a death injury compensation for your loss of companionship and financial security. In order to obtain that monetary relief you must find a reputable personal injury attorney right after the accident. The quicker you hire a well-known lawyer and collect evidence to prove that your companion was not at fault for the car accident, the better chances you stand for a fair settlement with the insurance company of the accused accident attorneys

If you want to receive the full compensation you deserve, which will be enough to secure you financially for many years to come, you should wait no more and act. Do not let the grief distract you from taking advantage of your legal rights. If you do not file a claim soon after the fatal car accident, you may lose the opportunity to obtain monetary relief. There is a statute of limitation of time to file a claim. If you do not want to waste a lot of time searching for an expert negligence tort attorney in your area and risk missing that deadline, call us today for a free consultation. We can help you win you the best settlement.