frequently asked questions

MVA Spouse

Under Stress with Loved One, Having to Make Claims Decisions

My wife was severely injured in an automobile collision. She is in the hospital. I have already started getting calls from the insurance company for the truck that hit her demanding that I have to do a whole bunch of things for them before they will consider her claim. I don’t know what I should or have to do. Where can I get some of my questions answered without just relying on the other person’s insurance company?

A: First of all I hope your wife gets better soon. Insurance companies love to try to take advantage of people in the claims process. They really like to tell you that you have to do all sorts of things before you have a chance to talk to an attorney. Most insurance companies will even try to encourage you to not even talk to an attorney before settling the claim. They use fear “The lawyer will take one-third of this check we’re about to pay you just for talking to them” to talk you out of getting good advice. All insurance companies know that if you hire a good, qualified lawyer the value of your case increases dramatically. If not, why would they care if you hired a lawyer?

However, you may not need an attorney to represent you in your case! No one, however, should settle a case without understanding the claims process and how insurance companies work to try to pay as little on your claim as possible.

I have written a free Book entitled TEXAS AUTOMOBILE INJURY HANDBOOK that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies. Also, download my free APP on your Android or iPhone so that you will know what information to get at the scene should you be involved in an automobile collision.

If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

Insurance Coverage – Children

My oldest son is about to start driving. I haven’t had to make any changes to my insurance in a long time and don’t really trust an insurance agent to tell me what I should buy to cover my teenage son and me. Where can I learn about the different types of insurance available and what I really need?

MVA Rear-end Collision

My wife and I were at a red light when a delivery truck hit us in the rear. There were plenty of witnesses and the police officer told us the delivery truck was at fault. Since we were not at fault do we have to prove anything to the insurance company so that they will pay for our medical bills? Won’t the insurance company be fair to us?

The answer to your first question is YES. You have what is called the “burden of proof”. Just because you were hurt doesn’t mean you are automatically entitled to money. You must prove that someone else was negligent or careless and that it was their negligence or carelessness which caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose.

And NO they won’t treat you fairly. They have no reason to. In fact, some of the tricks they will use in handling your claim are:

Require you to provide unnecessary information. Intentional delay.

Dispute your medical treatment.

Nickel and dime the medical charges.

Tell you that you have to give a recorded statement. Promising to take care of you.

Arguing that you could not have been hurt in this “fender bender”.

Arguing you are partially at fault.

MVA No Information

I was recently in an automobile collision and was very shook up. I didn’t realize I was hurt so we just exchanged information and left the scene. Now I am hurting and the phone number I was given for the person that hit me does not work.

Unfortunately unless you have other identifying information or witnesses, you may have to file on your own insurance. I have seen this same circumstance way too many times. When a collision happens so suddenly, you are very upset, can’t think straight and generally feel embarrassed to be blocking traffic. You just want to get out of there and get home as soon as possible. Then your neck or back starts hurting and won’t quit and you don’t have the necessary information you need to make a claim against the at fault driver. When you are involved in an automobile collision you need to gather as much information and/or photographs as you can.

However, this is very hard to do when you are shaken up after a car wreck. That is why I have created a free Android and iPhone Application (APP) and a free Accident Information Card. My free APP is an easy way to obtain all the information and take photographs and store it while you are still at the scene. If you prefer, the free Accident Information Card also has plenty of space to list all needed information.

Download my free APP on your Android or iPhone so that you will have all the tools at your disposal should you be involved in an automobile collision.

If you have any questions or would like one of my free ACCIDENT INFORMATION CARDS please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

MVA Health Insurance Subrogation

I was injured in a car wreck and handled the case by myself. My health insurance paid for most of my bills so I settled for a small amount for my pain. Now I have received a letter from my health insurance that they have a lien for the medical bills they paid and are threatening to sue me if I don’t pay them back. Do I have to?

Probably. This is where the insurance Companies take advantage of you. This is one of the drawbacks of trying to handle an injury claim without the help of a Board Certified Personal Injury Attorney. You need to get a complete copy of your health insurance policy to see if they have a right of Subrogation. This will tell you if they even have a right to demand that you pay them back.

If your plan falls under ERISA (The Employee Retirement

Income Security Act of 1974) they may be entitled to every penny they paid. If it doesn’t fall under ERISA

there are numerous arguments that can be made for them to either reduce or waive the lien entirely.

An experienced Board Certified Personal Injury Trial Attorney will be able to look at your policy and determine if the lien they are claiming is valid. Many times they will negotiate with an attorney they have dealt with before.

I have written a free book that describes the different liens you may have to deal with including Medicare, Medicaid and Hospital liens. My book, TEXAS AUTOMOBILE INJURY HANDBOOK explains in detail what the typical claim involves; what you need to do to properly handle your claim, the types of liens you may face and what to look out for when dealing with Insurance Companies.

Insurance Coverage – Motorcycle

My son just bought a motorcycle. I want to make sure he has enough insurance to cover him if he is involved in a collision. What types or amounts of insurance should he carry?

You must carry minimum liability coverage of at least $30,000 per injured person, up to a total of $60,000 for everyone hurt in an accident, and $25,000 for property damage.

However, there is other insurance that every motorcyclist and

every bicyclist that rides on public streets should buy. I recommend Personal Injury Protection (PIP) Coverage which is no fault insurance and will pay your medical bills plus 80 percent of lost income.

You should also buy Uninsured/Underinsured Motorist (UM/UIM) Coverage. If you are hit by someone who does not have insurance, UNINSURED coverage is there to pay for your damages. If you are hit by someone that has insurance but not enough to cover your damages your UNDERINSURED coverage is there to pay for your damages over what the other person has in insurance.

Due to the probability that a very serious injury will occur if there is a collision involving a motorcyclist, or a bicyclist, I recommend that every motorcyclist and every bicyclist that rides on public streets carry $10,000.00 in PIP and at least $250,000.00 in UM/UIM. The price difference in carrying the lower limits and this much PIP and UM/UIM is nominal when you consider the amount of medical bills you will have if you are hurt in a collision and are riding a motorcycle or bicycle.

I have written a free Book entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS that explains all the different types of insurance coverage available and what I recommend everyone carry.

If you have any questions or would like one of my free books entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

Loser Pays Bill

I have been hearing reports about a “Loser Pays” bill that the Texas Legislature is currently considering. Won’t that be good for all Texans if it passes?

ABSOLUTELY NOT! At a time when our State Legislature should be working to address our state budget crisis and the firing of thousands of valuable teachers, it is instead focusing on trying to pass a new law for political payback to the corporations and insurance companies that paid to have them elected. Proponents of the bill have deceptively named it “Loser Pays” but that name is a sham. The new law, if passed, will apply to almost every type of case including breach of contract, insurance claims, property rights, personal injury, family law cases, homeowners’ cases and oil and gas leases.

Under this law, HB274, the victim of a drunk driver could have to pay the attorneys fees of the drunk – even if the victim WINS at trial. This law is so bad that MADD (Mothers Against Drunk Driving) testified against HB274 in front of a Texas Senate subcommittee on Monday, May 16, 2011 as they recognize it as a purely political payback bill to the insurance companies and big business by those they have paid to elect.

Frankly, it is shameful for any Legislator to promote this as a “Loser Pays” bill when it is secretly rigged to prevent anyone other than the insurance company, or big business, from ever winning. It goes far beyond favoritism and is nothing more than political payback to special interests. Each of our elected officials has published phone numbers, fax numbers and e-mails. You should be outraged at this political payback at your expense. You need to contact them and let them know you will not stand for any more politics at your expense.

I have written several Letters To The Editor to the newspapers across Texas highlighting the problems with this law in more detail, with an example of how it will adversely affect all Texans.

If you have any questions or would like a copy of one of my Letters To The Editor please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

MVA Total Loss

I was injured and my car was totaled by a young man that ran a red light. I would like to try to handle the claim on my own since it is clear who was at fault. Isn’t the Insurance Company going to treat me fairly and make a fair settlement since I was not at fault?

NO! Insurance companies love to try to take advantage of people before they have a chance to talk to an attorney. Most insurance companies will even try to encourage you to not even talk to an attorney before settling the claim. They use fear “The lawyer will take one-third of this check we’re about to pay you just for talking to them” to talk you out of getting good advice. All insurance companies know that if you hire a good, qualified lawyer the value of your case increases dramatically. If not, why would they care if you hired a lawyer?

You may not need an attorney to represent you in your case. No one, however, should settle a case without understanding the claims process and how insurance companies work to try to pay as little on your claim as possible. Typically the insurance adjuster isn’t going to tell you that you might have to turn around and take the check they just paid you and pay it to your health insurance company. They don’t care about you or whether your claim is settled fairly. The adjuster just wants to close the file and get you to release all of your claims for the least amount of money possible.

There are many other matters you need to be aware of when trying to handle your own claim. I have written a free Book entitled TEXAS AUTOMOBILE INJURY HANDBOOK that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies.

If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

The Law Offices of Kerry H. Collins, P.C.*

1301 Ballinger Street Fort Worth, Texas 76102 (817) 335-9700

(877) 988-1603 Toll free [email protected]

MVA No Insurance

My wife was severely injured when a young man ran into the rear of her car. The young man showed the police proof of insurance at the scene but now the Insurance Company is claiming the young man has no insurance coverage because his father did not list him on the insurance policy. Are we just out of luck?

Depends. Insurance companies have started trying to use this type of exclusion recently. Such an exclusion probably violates Texas State law and the common law that states a driver is covered by insurance if they got permission from the owner, who had insurance that covers the car.

However, you need to check to see if you purchased Personal Injury Protection (PIP) insurance and/or Underinsured (UIM) insurance on your car’s policy. (PIP) Coverage is no fault insurance and will pay your medical bills plus 80 percent of lost income. You can only buy it in limits of $2500.00, $5000.00 or $10,000.00.

You may also have purchased Uninsured/Underinsured Motorist (UM/UIM) Coverage. In your case since you were hit by someone that appears to have no insurance coverage your damages will be covered if you purchased Uninsured coverage. Uninsured coverage is there to pay for your damages in the event the person who hit you has no insurance. You can buy much higher insurance limits under (UM/UIM) Coverage than you can for (PIP).

Slip and Fall

I was at a large chain grocery store recently when I fell on some water that had leaked from the freezer. My knee is very swollen and now I have medical bills to pay. The manager said someone would call me to discuss my injuries but no one has. Aren’t they automatically responsible to pay for my injury since I fell on their property?

No. Just because you fell on someone’s property DOES NOT mean you are automatically entitled to any money for your injuries. Texas Courts do not favor the injured party in any case and have very specific laws that cover when a person who is injured on someone else’s property may make a recovery.

In Texas, the court will focus on the duty owed by any property owner to any injured individual depending upon the status of the injured visitor at the time of the injury on the property. The status of the injured party then will determine the liability of the owner or occupier.

You have what is called the “burden of proof”. You must prove that someone else was negligent or careless and that it was their negligence or carelessness which caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose.

However, an experienced Board Certified Personal Injury Trial Lawyer can review your claim and a determination can be made if the land owner or possessor may owe you for your injuries.

There are many other matters you need to be aware of if you are trying to handle your own claim. I have written a free Book entitled HELP! I’VE FALLEN AND I CAN’T GET HELP! that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies.

If you have any questions or would like one of my free books entitled HELP! I’VE FALLEN AND I CAN’T GET HELP! or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at [email protected] or [email protected]. You can also call me at 817/335-9700.

MVA Underinsured

My wife was severely injured when a man ran into the rear of her car. The man only carried $25,000.00 in insurance and my wife’s medical bills alone are over $60,000.00 and still climbing. Is $25,000.00 all, she can recover?

Depends. A claim, or a lawsuit if brought, is actually against the person that caused your damages and not directly against the insurance company. The insurance company is only obligated to pay up to the limit of insurance the insured driver purchased. You need to investigate to see if the man that hit you has any non-exempt assets that can pay for your damages. However, in my experience in practicing Law for over 26 years I have never seen anyone that has any type of non-exempt assets over and above their insurance limits. If they do have substantial assets, they would have purchased much more insurance to protect their assets.

You need to check to see if you purchased Personal Injury Protection (PIP) insurance and/or Underinsured (UIM) insurance on your car’s policy. (PIP) Coverage is no fault insurance and will pay your medical bills plus 80 percent of lost income. However, you can only buy it in limits of $2500.00, $5000.00 or $10,000.00.

You may also have purchased Uninsured/Underinsured Motorist (UM/UIM) Coverage. In your case since you were hit by someone that has insurance but not enough to cover your damages your Underinsured coverage is there to pay for your damages over what the other person has in insurance. You can buy much higher insurance limits under (UM/UIM) Coverage than you can for (PIP)

Hiring a Lawyer

I was recently in a collision where I was hit by a large truck. My car is damaged and I was injured. I don’t know if I need to hire a lawyer. I don’t know any lawyers and the phone book ads are no help because they all say the same thing. How do I know if I need a lawyer and how do I find one that has experience and is good at handling this type of case?

You may not need an attorney. Any good Attorney you contact

will take the time to go over your case and tell you if it is something you can and/or should handle on your own.

Unfortunately, most attorney advertising doesn’t give you any useful information at all about how to find the right lawyer for your case. All of the ads contain worthless statements like “we don’t charge a fee unless we get you money,” or “we will fight for you” or “we are aggressive” but then you realize that every personal injury lawyer advertising in these ads say that or something else that does nothing to help you decide if that lawyer is right for you. Statements like “We Are in Your Corner” or “We Are the Law Firm That Cares” are completely meaningless in helping you choose the right lawyer. Don’t you believe and expect that your attorney will care for you and will be aggressive and fight for you?

Also, not every lawyer that advertises they handle Personal Injury cases is Board Certified. Don’t you think you should have a specialist in the Personal Injury field handle your case? Or do you want a lawyer that handles any type of case that walks in his or her door to try to handle your injury claim?

How do you find out who in your, local community is the best for your case? There are certain questions to ask that will lead you to the best person for your case no matter what type of claim you have. You need to hire a specialist. You need to hire a Board Certified Personal Injury Trial Lawyer.

If you have any questions or would like one of my free lists on what to look for when choosing a Lawyer and the questions to ask when you contact a Lawyer please feel free to e-mail my office.

Jury Duty

I recently was called for jury duty and was sent to a Court where the suit involved a car accident. I was not picked to be on the jury but when they were asking questions of the whole jury panel I asked if the Defendant had insurance that covered the claims. They told me I could not consider that issue. Aren’t we all required to have insurance to cover the damages claimed in car wrecks?

You are correct. Texas law requires all vehicles to have proof of insurance. You can rest assured in a car wreck case that if there is a lawyer defending the Defendant and the case has made it all the way to a trial, the Defendant probably has insurance coverage that will cover the damages.

All insurance policies have a provision that the Insurance Company has a right to settle or not settle any claim on its own. The person who bought the insurance has no say in whether any case should settle and therefore no ability to prevent themselves from being sued. Insurance companies are betting that juries will give little or no money so they can pay as little as possible on each suit. In the large majority of cases the Defendant themselves will never have to pay a penny as they purchased insurance that will cover the damages in the suit.

The reason why Courts and Attorneys cant tell you this in a specific trial involving a car accident is the Courts are afraid juries will disregard evidence and award money just because there is insurance that will pay for the damages.

If you have any questions or would like one of my free ACCIDENT INFORMATION CARDS please feel free to e-mail my office.

MVA Ran Red Light

My wife and I were injured when a driver ran a red light and hit us. The police put the other driver completely at fault. Do we need to hire a lawyer? Isn’t the other driver’s Insurance Company going to treat us fairly since it is clear we were not at fault?

The answer is NO to both questions! You do not need to hire a lawyer to handle your own claim. However, understand you are

at a severe disadvantage in the claim process because you are dealing with an adjuster that has been trained in how to deny and delay payment on your claim and is very experienced in dealing with claims like yours. You do not have that experience. Remember, Insurance Companies make money by either denying claims completely or by paying as little as possible on each claim.

And NO they won’t treat you fairly. They have no reason to. In fact, some of the tricks they will use in handling your claim are:

Require you to provide unnecessary information. Intentional delay.
Dispute your medical treatment.
Nickel and dime the medical charges.
Tell you that you have to give a recorded statement. Promising to take care of you.
Arguing that you could not have been hurt in this “fender bender”.
Arguing you are partially at fault.

There are many other matters you need to be aware of when trying to handle your own claim. I have written a free Book entitled TEXAS AUTOMOBILE INJURY HANDBOOK that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies.

If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office.

Insurance Coverage

I recently bought a car and need to get insurance for it. I have been told you have to buy insurance that covers my car if I hit and injure someone or cause property damage but there are a lot of other types of insurance I can buy. I don’t want to waste money for insurance I don’t need. Where can I learn about the different types of insurance available and what I really need?

Buying vehicle insurance can be very confusing. If you drive in Texas, you^–must show^–that you can pay for accidents you cause. So, Texas law requires you to have auto liability insurance. As of January 1, 2011, Texas law requires minimum liability coverage to be $30,000 per injured person, up to a total of $60,000 for everyone hurt in an accident, and $25,000 for property damage. This basic coverage is called 30/60/25 coverage.

However there is other insurance you should buy such as Personal Injury Protection (PIP) Coverage which is no fault insurance and will pay your medical bills plus 80 percent of lost income.

You should also buy Uninsured/Underinsured Motorist (UM/UIM) Coverage. If you are hit by someone who does not have insurance, Uninsured coverage is there to pay for your damages. If you are hit by someone that has insurance but not enough to cover your damages your Underinsured coverage is there to pay for your damages over what the other person has in insurance.

MVA Commercial Vehicle

I was stopped at a red light and was hit in the rear by a large company truck. The day after my accident I was contacted by phone by several people that said they could get me a lawyer. I don’t know any lawyers so is this a good way to hire an experienced lawyer for my case?

Absolutely not. It sounds like these people that contacted you were “runners” for the lawyers. A “runner” hangs out at the police station or listens to a police radio to “run” to accident scenes or hospital rooms to encourage victims to sign contracts with attorneys. They also pay for police reports and then call you repeatedly or even show up at your house with offers to get you “free” medical treatment and offer to get you to a lawyer. Not only is it unethical for an attorney to “run” cases but in Texas it is also illegal.

Personal injury claims, particularly in Texas, are much too specialized for someone who does not handle these cases regularly. You should be aware that the insurance companies who defend personal injury and accident cases know who the attorneys are in your area who actually go into court to try cases and who do not. The insurance companies use that information to help evaluate their risk. One of the first questions some insurance adjusters will ask when a serious claim comes in is: who is representing the Plaintiff? I’ve heard insurance defense lawyers laugh as they head for trial against one of these non-personal injury attorneys! It’s like shooting fish in a barrel for them. If this information is important to the insurance company, shouldn’t it be important to you?

How do you find out who in your local community is the best for your case? There are certain questions to ask that will lead you to the best person for your case no matter what type of claim you have. You need to hire a specialist. You need to hire a Board Certified Personal Injury Trial Lawyer.

If you have any questions or would like one of my free lists on what to look for when choosing a Lawyer and the questions to ask when you contact a Lawyer please feel free to e-mail my office.

MVA Ice Conditions

I was driving my truck slowly on the ice recently when another car slammed into me and knocked me into another car and totaled my truck. I was injured and now the Insurance Company is denying they are liable claiming the wreck was caused by an Act Of God due to the ice. Can they do that?

Welcome to the wonderful world of dealing with the outrageous acts of Insurance Companies. They can and will claim anything

they can dream up to try to get you to drop your claim. If it were truly an Act Of God that caused the other driver to start sliding and hit you why weren’t you and every other car on the road sliding also? Did you lose control before you were hit? No! Did the other car you hit lose control before it was hit? No! Obviously this other driver was doing something different like driving too fast for the icy conditions that caused them to hit you. You should contact a Board Certified Personal Injury Attorney to discuss your case with you and to explain all your alternatives.

If you have any questions or would like one of my free ACCIDENT INFORMATION CARDS issues please feel free to e-mail my office.

With offices in:

Forth Worth
San Antonio
Arlington
North Richland Hills
Haltom City
Tarrant County
the rest of Texas

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