This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
Is the Defendant Insured or Uninsured? It Has a Big Influence on Your Compensation Rights
In Texas, all drivers must have auto insurance. It’s a law that is very aggressively enforced. Technology makes it much easier for law enforcement officers to instantly know this important fact, and immediately tow non-insured vehicles and give their owners very expensive tickets. But still, one-in-four drivers remain uninsured. If an insurance company is involved in your case (and if it’s a minimum coverage policy) or not makes a huge difference in the legal process and the ultimate outcome of your claim and make it quite contentious.
Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. But if the negligent driver’s policy is one of those minimum coverage “street legal-only” policies the insurance policy may not fully reimburse you for your losses if the accident you were a passenger in produced especially severe injuries to you. Anyone who has carried minimum coverage understands that some companies pay better (meaning quicker) than others. And some, with claimants as well as customers in-general, aren’t generally very responsive to any process other than taking in premiums. And in just about any accident where an insurance company is involved, it means that you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who all work to see that you lose. More on this webpage
Then there’s the 25 percent chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully the driver of the vehicle in which you were a passenger has uninsured/underinsured (UI/UnI) motorist coverage. But since the negligent driver who caused the wreck is responsible for paying you for your injuries, you’re primary interest is, if he is uninsured or underinsured, will your PIP insurer step up to the plate and cover you (or pay the difference) when the negligent driver (or your driver) comes up-short at compensating you. You also must know how solvent this negligent driver is, as well as yours. If a defendant is insolvent, it means that the defendant does not have the money to completely compensate you for your injuries: or even compensate you all, there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. This is a sad but regular reality that some accident victims are unable to recover compensation from insolvent defendants.
Sometimes, both drivers will take steps to hide their assets in order to appear insolvent. They might also try and hide this wreck from their insurers that threaten to drop them if they get in one more. As part of any investigation into their client auto accidents, The car accident attorneys at our Texas Law Office traditionally perform an asset check on any defendant to find out how much he’s really worth and also get a clear picture of his actual insurance coverage. If there’s money available, we’ll find it and work to make sure you get what is owed you.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver.
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
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