Texas Trial Lawyers » Insurance Claims http://www.texastriallawyers.com/blog Just another WordPress weblog Sat, 12 May 2012 13:27:38 +0000 en hourly 1 http://wordpress.org/?v=3.0 Dealing with Aggressive Adjusters after an Auto Accident http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/ http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/#comments Tue, 17 Apr 2012 15:20:02 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1678 In my personal injury practice we receive calls every day from individuals who have been in a car accident for the first time and are very frustrated because of the attitude of the adjuster for the negligent party.

For the innocent victim who has been injured and whose vehicle has been wrecked the situation is stressful in itself and when you add an abusive adjuster to the equation it can be downright ugly.  Not all insurance adjusters are aggressive or abusive and some are very friendly and nice, however with the failure of Texas to regulate claims handling practices by insurance companies the number of nice adjusters continues to drop.

Additionally, the use of computer programs to value a claim in lieu of a human adjuster has tied the hands of many insurance claims adjusters who themselves are frustrated at the process.

More and more often, the innocent car accident victim finds himself or herself in a position of needing a personal injury lawyer to help them with their claim.  A growing number of cases are now filed as lawsuits due to the inability of the insurance company to settle the claim for a reasonable amount.  Some of blame for the increased number of lawsuits comes as a result of “tort reform” which has given the insurance companies incentive to say; “sue us” more frequently than ever before.

If you have been in a car accident and would like to speak with a car accident attorney about a personal injury claim for personal injury attorney with experience and a track record of success.

]]> http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/feed/ 0 Uninsured Motorist Coverage http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/ http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/#comments Thu, 05 Apr 2012 17:24:20 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1627 There’s an insurance policy for everything. Stars have their legs and rear ends insured. Singers insure their voices. Why there was a fellow that had his moustache insured (which proves my point). So it should come as no surprise that you – as a legal and insured vehicle driver – can actually ensure yourself against the event that you are involved in an accident with someone who has no insurance. In other words, insurance against the uninsured motorist. The point of uninsured motorist insurance is -The idea behind uninsured motorist insurance is to protect the persons who do have insurance from drivers who do not have liability insurance (it’s really as simple as that).

Even though drivers in Texas and in most states are required  by law to have car insurance coverage, some drivers simply do not carry insurance on their cars. The effect this has becomes known when an uninsured motorist is involved in an accident. The lack of coverage can cause undue and extensive hardship for the uninsured driver as well as the victim of the auto accident.

The consequences of being in an accident with an uninsured driver can be severe. You may end up having to pay for your own vehicle repairs or replacement and stuck with your own medical bills, even though the accident was not your fault.

One important point is that if you are involved in an auto accident with an uninsured motorist and you carry uninsured motorist coverage, you may make a claim under your own policy for your damages. Unfortunately, this puts you in a direct conflict with your insurance carrier. The carrier will want to minimize the amount they pay off on your claim and you will want fair and reasonable compensation for your personal injury.

Despite all of this – in my opinion ‘in for a penny – in for a dollar’. In other words, if you’re going to buy auto insurance the additional expense for uninsured motorist insurance would be worth it in the end.

Call the Baumgartner Law Firm to speak with a Texas personal injury attorney regarding an uninsured motorist claim.

]]> http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/feed/ 0 Time For Insurance Reform In Texas? http://www.texastriallawyers.com/blog/time-for-insurance-reform-in-texas/ http://www.texastriallawyers.com/blog/time-for-insurance-reform-in-texas/#comments Thu, 22 Mar 2012 20:59:07 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1610 Insurance is a necessary expense in today’s world – auto, home, life, property – you name it and it can be and often is insured. However, problems arise when one comes face to face with ‘unfair or bad faith insurance practices’. Few consumers are found to be more righteously indignant than those who have faithfully paid insurance premiums for years – only to find that their insurance company is not forthcoming if and when it becomes necessary to ‘collect’ on the policy.

Lawyers representing clients in the position of actually having to bring a suit against their insurance company because they have failed to meet the terms of the policy are regularly faced with a negative spin designed to convince the public that the problem lies with ‘deceptive and greedy’ plaintiffs instead of where the fault authentically lies – with an insurer who willingly accepts premiums and less willingly pays claims. Or worse, an insurance company that forces a lawsuit on their insured because of the refusal to fairly settle a legitimate claim against their own insured.

In other words, the litigation crisis lies not with the attorney who brings forth a ‘frivolous claim’ but, rather, with an industry whose transparent goal is to maximize profits for themselves (and their stockholders) at the expense of the unwitting and, moreover, trusting consumer. By denying, delaying and forcing litigation on just and fair claims.  Dont like it- tough- sue us is what you can infer from many insurance companies actions.

Unfortunately, the legislative system itself only further complicates the problem by bending to the will of the insurance lobby and requiring an increasing number of insurance policies be held by the average citizen – whether you want it or not!

If you feel you have been a victim of bad faith insurance practices do not hesitate to seek legal redress. From the viewpoint of this accident attorney – it is past time to we hold insurance companies accountable for their ‘deceptive practices’ and it is unfortunate that in Texas the legal tools necessary to hold insurers have largely been eliminated in the last 15 years by the courts and our political leaders in Austin.

If you are mad about how you have been treated by an insurance company reaping profits in Texas- or mad about the high cost of insurance when insurance companies pay out in claims only pennies on the dollar-call your representative and demand insurance reform for Texas.

Until the voices of Texas families drowns out the insurance industry “lawsuit abuse” funded lobby, consumers and families in Texas will continue to get a raw deal from insurance companies.

]]> http://www.texastriallawyers.com/blog/time-for-insurance-reform-in-texas/feed/ 0 Dealing With Insurance Companies http://www.texastriallawyers.com/blog/dealing-with-insurance-companies-2/ http://www.texastriallawyers.com/blog/dealing-with-insurance-companies-2/#comments Tue, 14 Feb 2012 16:47:06 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1570 In our Houston personal injury practice we get calls every day from folks frustrated with their dealings with insurance companies. This is particularly true when dealing with a third persons insurance company, such as when someone who is at fault wrecks your car and injures you.

Not only are people frustrated with how insurance companies are handling injury claims, but also angry about how they are treated in general and in with dealing with the property damage claim. Delays, denials, unreasonable offers and abusive tactics and demeanor all have led to a record dissatisfaction with insurance companies in Texas.

Much of the problems that Texans are having in dealing with insurance companies relates to the inadequate remedies in Texas available to the consumer when the insurance carrier uses abusive claims handling practices. In other states, the insurance commissioner will regulate the conduct of the carriers and also the premiums charged and most do not face the same problems that Texas families are forced to deal with everyday.

Additionally, Texas had “tort reform” which had the unintended result of actually increasing lawsuits because of unreasonable positions taken by insurance carriers–in effect the “take it or sue us” mentality and costs of lawsuits have also increase to Texas families.

Texans pay some of the highest car insurance and homeowners insurance in the country yet insurance companies doing business in Texas are reaping record profits and paying out only a small percentage of the revenue collected in actual claims. Many states regulate the minimum amount of payouts for claims by the insurance companies as a way to keep premiums paid by its citizens to a reasonable level. Texas has yet to adopt that approach and families are stuck with the tab.

If you are angry at how you are treated by an insurance company or how high your insurance premiums are for home or automobile insurance, contact your state representative and demand insurance reform for Texas.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston 18 wheeler accident attorney call the Baumgartner firm toll free at 1-866-758-4529.

]]> http://www.texastriallawyers.com/blog/dealing-with-insurance-companies-2/feed/ 0 Texas Insurance Companies Press “Family Pay Law” http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/ http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/#comments Wed, 04 May 2011 18:12:05 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1274 The lobbyists in Austin for the insurance companies are once again seeking to put insurance companies in the driver seat over the interests of Texas families. In what is called the “loser pay” bill – only applies to Texas families who would have to pay the insurance companies legal fees.

This ill-conceived bill is nothing more than once again seeking to get the insurance companies power over Texas families and further there take it or leave it lowball tactics. In effect, it makes a Texas family stand responsible for and have to pay the insurance companies lawyers if they win the case but don’t recover enough money. The real problem in Texas is the frivolous defense by the insurance industry -which is forcing expensive litigation on innocent victims in Texas.

Not only does the family pay law not have provisions where the insurance company has to pay the Texas families legal fees when the insurance company loses- it only makes Texas families responsible for excessive litigation cost of the insurance company and will prevent legitimate insurance claim cases from moving forward under the threat of huge legal fees.

This one-sided pro insurance legislation is a travesty for Texas families and will make real and legitimate claims almost impossible to settle for the victim without litigation because the insurance company will be given such a huge advantage. People with legitimate claims will be stuck with no justice or the possibility of going bankrupt -having to pay the insurance companies legal fees even if they actually win the lawsuit but are not awarded enough money.

Call your Texas representative and tell them to vote no on the loser pay bill and tell your representative it is time to put Texas families first and not insurance companies. SOMETHING STINKS HERE!

]]> http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/feed/ 0 The Real Impact of a Car Accident http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/ http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/#comments Fri, 25 Mar 2011 21:36:39 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1204 The long-range impact of a vehicle collision to its victims is rarely given any thought unless you or your loved ones are the ones injured in the accident. Then the following information becomes very relevant.

The immediate worries of a car or truck crash are injuries that occur at the time of impact. For instance, if your vehicle has been t-boned, flipped and rolled or struck head-on – as the scene settles one must figure the extent of injuries of each of the persons in the car or truck. Are they conscious and/or speaking? Can they move? Are they stuck in a mass of metal and must be cut out?

When rescue workers arrive and victims are taken to the hospital – the onsite physicians diagnose the extent of injuries to each person and these may run anywhere from minor to catastrophic. In that case the next worry is how long a person may stay in a hospital and how well they will recover. Will there be long-term effects that forever alter the quality of life? During this traumatic time most people are not concerned with the costs associated with hospitalization and only worry about a victim’s return to health.

But, eventually, the realities of the cost of an accident come to roost. If you are a victim of a car accident and get hit by an uninsured driver or one with small insurance limits then these concerns fall to you. If you do not have good health insurance then you can expect the hospital to discharge you in record time leaving you to try to obtain and pay for necessary medical treatment.

The long-term physical, emotional and financial impact of an auto accident can resonate for months or years in a person’s life. Drive defensively.

Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident lawyer call the Baumgartner firm.

Texas personal injury lawyer

]]> http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/feed/ 0 Insuance Company Abuses http://www.texastriallawyers.com/blog/insuance-company-abuses/ http://www.texastriallawyers.com/blog/insuance-company-abuses/#comments Sat, 19 Mar 2011 16:42:31 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1178 It will probably come as no surprise to readers that even after Americans spend billions of dollars on vehicle insurance that the companies are not as forthcoming in paying out on claims. Oh sure, they’ll parade themselves across television and other media ads as sensitive, honest, forthright and forthcoming – forever declaring that their number one interest is their customers. But the reality is simply that they are ‘in it for the money’ and are stingy at the very times when they need to be fair.

According to one news source the automobile insurance company whose moto lulls a person into believing that they have your best interests at heart, has been singled out by some as the ‘worst insurance company anyone could have for automobile coverage’ – particularly if you are traveling in one coastal state. Reports suggest that in an investigation by the New York Insurance Superintendent it was uncovered that the software used by the company was originally ‘formulated to minimize the human interaction in claims adjusting while at the same time limiting the monetary payout’ Ouch.

So, in light of these findings – which I would suggest this and other companies are certainly aware of the conduct to begin with and only awaiting someone else to figure it out – New York have implemented a number of measures (which are too in-depth to share in this article – although if interested you could research this topic on the web) that will help ensure that – to be concise – the consumer does not get ripped off.

It sure would be nice if Texas leaders sought to protect Texas families against the insurance companies abuses for a change.

My final word of caution – it is probably worthwhile to research the insurance companies you deal with – as always an ounce of prevention is worth a pound of cure.

Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Texas accident lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/insuance-company-abuses/feed/ 0 Dealing with Insurance Companies http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/ http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/#comments Tue, 11 Jan 2011 21:40:35 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1068 One of the most frustrating parts of being in a serious accident, for most people, is dealing with the insurance company. It is bad enough that you or a loved one have suffered injury and are trying to recover; now you have to deal with an adjuster who may be extremely difficult and insensitive to your needs.

In fairness to the insurance industry, not all adjusters are confrontational and insensitive. In fact, many times when you are dealing with your own insurance company, they are helpful and friendly.

When you are dealing with a third-party insurance company, it is a completely different story. Alternatively, if the guilty party had no insurance and you are making an underinsured motorist claim or an uninsured motorist claim, you can be fairly safe in assuming it is not going to be fun dealing with your own insurance company.

I am not a psychologist, and can only speculate on the motivation of the corporate offices in directing the confrontational and unreasonable actions that I hear about frequently.

Some feel that the insurance companies are trying to keep down claims by beating down claimants. Others blame the failure of Texas to regulate abusive claims handling practices leaving Texas families to fend for themselves or to hire a Texas personal injury lawyer.

If you have been in a serious accident in Texas it may be a good idea to obtain a free consultation from a Texas personal injury attorney whether or not you handle the claim yourself.

]]> http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/feed/ 0 Drunk Driving Accident Defendants http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/ http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/#comments Fri, 07 Jan 2011 19:27:53 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1062 Houston leads the nation in fatal drunk driving accidents. It is a dubious distinction and one that Houston officials are trying hard to rectify.

While criminal prosecutions are on the upswing from drunk driving arrests, many times for the victim the only real justice is the civil lawsuit, knowing someone is in jail does not help pay your family’s medical bills or put bread on the table for your family when you are seriously injured.

Frequently, drunk drivers have minimum insurance policy limits and the accidents tend to be very serious. In those cases, if the victim has underinsured motorist coverage their own carrier ends up as a defendant in a downtrodden accident lawsuit. Most  Texas underinsured motorist carrier’s are given the luxury of requiring a jury verdict of their policy holder before the insurance company’s obligation to pay a legitimate claim can be enforced against them. While it is a travesty that in Texas insurers are forcing litigation on their policyholders that is the way it is.

Another potential defendant in a drunk driving accident case is a bar or club in the event they served the drunk driver after it was apparent that he or she was obviously intoxicated. While it is difficult to hold responsible a bar or a club in Texas, it can be done and often it is the only hope for the seriously injured victim.

Other times, the automobile manufacturer may be a defendant when a product defect contributed to the injury or wrongful death of the victim. Because drunk drivers are more likely to be involved in serious accidents a good percentage of product liability cases also involve drunk drivers. That a drunk driver caused the accident does not give a manufacturer license to sell a dangerous product.

]]> http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/feed/ 0 Lawsuit Abuse in Texas – You Bet- by Insurance Companies http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/ http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/#comments Mon, 27 Dec 2010 00:56:44 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1046

In Texas six years ago we had “tort reform” which has led to numerous abuses by the insurance industry of Texas consumers. Among the chief abuse that is rampant in Texas today is forcing Texas families to go to court to obtain a fair shake from the insurance company.

If there is any lawsuit problem in Texas it is squarely the responsibility of the unfair and abusive claims practices by the insurance industry, brought upon by “tort reform” and the failure to regulate abusive claims handling practices in Texas.

Texas has become the de facto profit center of many large insurance companies much to the detriment of Texas families who purchase their insurance. When a Texas family who is victimized by a drunk driver, or other wrongdoer is forced to file an expensive lawsuit to obtain any semblance of fairness from an insurance company-is a travesty and insurance company abuses of the Texas legal system needs to be addressed by our representatives in Austin.

Time and time again when Texas families deal with insurance companies they find the situation untenable and in other states such conduct is not permitted. In Texas, insurance companies are reaping the profits with ever higher premiums and Texas consumers who buy the insurance suffer.

Do we have lawsuit abuse in Texas — we have insurance company lawsuit abuse on everyday basis. Forcing expensive trials to deter legitimate claims is wrong. It is time that our Texas representatives put families first and not insurance companies profits.

Greg Baumgartner is a Houston 18-wheeler accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping injury victims seek civil justice. For a free no obligation consultation with a personal injury attorney in Houston call the Baumgartner firm.


]]> http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/feed/ 0