Automobile Insurance Information

When you are involved in an automobile accident, do you know what your insurance policy says? The standard Texas Personal Automobile policy is for the most part written by the State Board of Insurance, and as a result, the kind of coverage available to you should be easy to determine.

If you are injured in an accident, before you worry about whether it was someone else's fault, you should look to your own policy. What coverages did you purchase? What coverages were available to you?

PROPERTY DAMAGE If your car is financed, it is almost certain that you have coverage for your own property damages. Usually, you will have a deductible amount (an amount which you must pay out of your own pocket before the insurance kicks in) and then you will have coverage for your automobile. Your own insurance company is obligated to pay either the cost to repair your vehicle, or in the event your vehicle is totally destroyed, then pay you the "fair market value" of your vehicle. In either case, you are rarely fully compensated. Occasionally, your own insurance company will tell you that since the accident was caused by another insured driver, that you must look to their insurance company to have your car repaired or replaced. This is not true. While this may be more efficient, if the other company delays in any way, it could lead to real inconvenience for you. You have the right to make your company pay and then allow them to recover from the other insurance company.

PERSONAL INJURY PROTECTION Under Texas law, unless you specifically revoke this coverage in writing, you will have Personal Injury Protection (PIP) coverage. This coverage will pay you 100% of your medical expenses and 80% of your lost wages, up to the policy limit. The policy limit is usually $2,500.00 but may go as high as $10,000.00 if you have purchased limits that high. This money is available to you regardless of what other insurance coverage you may have and does not have to be paid back to the insurance company if you recover from a third party. Almost any type of accident that may happen as a result of an automobile is covered under this protection. Collecting PIP benefits will not affect your insurance rates.

MEDICAL PAYMENTS COVERAGE Some agents substitute Med Pay for PIP coverage. It is generally cheaper and only covers medical bills. Unlike PIP, if you recover from a third party, Med Pay must be paid back.

UNINSURED/UNDERINSURED MOTORIST COVERAGE This is another coverage which you get automatically with your automobile policy unless you specifically reject it in writing. This is a coverage which pays in the event you are injured in an accident by the driver of a car who either has no insurance or does not have adequate limits to cover your injuries. This coverage pays, only if the other driver is at fault. You have to prove your case against that driver, even though your own insurance company is the party against who you are bringing the claim. You must establish liability on the other driver and your own damages, just like a regular lawsuit. There is coverage for your vehicle damage in the event you do not carry property damage insurance, but there is a pretty high deductible.

You may purchase UM/UIM limits which are as high as your liability limits. This is a good insurance buy and provides you significant protection in a state where statistics show that one in four drivers are uninsured.

LIABILITY COVERAGE What if the accident is my fault? Your insurance company is required to defend you in any lawsuit and pay damages up to the amount of your liability limits in the event you are involved in an accident and someone claims that it was your fault. You have the obligation to assist in the defense of the claim by making yourself reasonably available and telling the truth about the circumstances of the accident. Your company has the obligation to represent you in a reasonable fashion, advise you of the first offer to settle the claim, advise you when the claim is finally settled, and to not put their interests above yours in trying to get the case resolved.

You should remember that the most expensive insurance which you can purchase the first $20,000.00 of coverage, or your "minimum limits." You will find that raising your policy limits to a much higher level is remarkably inexpensive and you should consider this option. Also, you can have Uninsured/Underinsured Motorist Coverage limits as high as your liability limits. This provides a lot of protection at little cost to you.

This is by no means a comprehensive review of the standard Texas Personal Automobile Policy. There are any number of exclusions and endorsements which apply to every policy and which may change or alter the manner in which the coverage will apply to your personal situation. In the event you have any questions in this area, please feel free to call us for a personal consultation. There is no charge for an initial consultation. Call us at (903) 596-0900 or 1-800-392-4031.

Premise Liability Information

If I am injured at someone's home or place of business, do I have a way to get my medical bills paid? What if I am unable to work? Can I be compensated for my time off work; for my pain and suffering? What is the law that covers this sort of thing?

Whenever you are injured on someone else's premises, you must first determine the reason you were there. Under Texas law, there are three class of persons when it comes to "premise liability" claims.

BUSINESS INVITEE First, there are "invitees". These are persons who are on the premise for some business purpose where there is an equal benefit to both the injured person and the owner of the premise. For instance, if you are shopping in a store, there is a business purpose for you to be there. If you are visiting your lawyer or doctor's office, you have a business purpose for being there. This makes you a "business invitee."

In the event you are an "invitee", the premise owner is responsible if there is an "unreasonable risk of harm" of which the owner "knows or should have known" about. What this means is that even if you fall on something which shouldn't have been there, you must show that the owner knew about the unreasonably dangerous condition and didn't do anything to repair the condition or warn you of its existence. As you might imagine, with regards to food on the floor or something of this nature, this could be very difficult to prove.

LICENSEE Second, there is a "licensee". For instance, if you are injured, while visiting someone's home, you are termed a "licensee". In this instance, there is no particular business reason for you to be there which is of an economic benefit to the owner of the premise. In this instance, the owner must have actual knowledge of the unreasonably dangerous condition and then failed to correct it or failed to warn you about it. In other words, the owner pretty much has to know its going to hurt you before you can recover.

TRESPASSER Third, there is a "trespasser". If you are on someone's premises without their permission, you are a trespasser and the only duty which they owe you is to not injure you intentionally. Obviously, there are some narrow exceptions to this rule, mostly involving minors, but for the most part, there is not a recovery available in these instances.

MEDICAL PAYMENTS COVERAGE Many homeowners and some business owners (though very few grocery store owners) carry Medical Payments Coverage. This is a "no fault" coverage which you are entitled to collect regardless of fault on the part of the premise owner. You should always inquire about this coverage as insurance companies are for obvious reasons hesitant to point this out to injured persons.

Obviously, this summary does not cover all of the law or circumstances with regards to premises injuries. This is a very complex and difficult area of law. We will be happy to discuss with you the particulars of any given case at no charge for an initial consultation.

Defective Products And Toxic Substances

Texas law provides that if you or a loved one are injured as a producing cause of a product or substance which is unreasonably dangerous and defective due to its design, manufacture and/or lack of proper user warnings and instructions, you may be entitled to recover legal damages against the maker of the product.

In addition to typical consumer products as automobiles, tires and jet skis, it has been established in recent years that certain drug products, such as the diet medication Phen-Fen, and certain medical devices, such as some of the Sulzer hip replacements, are also dangerous and defective. Workplace exposure to certain toxic substances such as asbestos, lead, silica and benzene have also been established to cause serious injury and death.

Please call us at (903)596-0900 or 1-800-392-4031 if you feel that you or a member of your family has been injured due to exposure to a dangerous product, drug or toxic substance.

Please feel free to call us at (903)-596-0900 or 1-800-392-4031.