Legal Question in Insurance Law in Texas

car accident

i was driving down the road a car turned out in front of me, and i hit it. The insurance company is only wanting to pay 80%, because i didnt tell the i hit my barkes to avoid it. i did hit my brakes but i didnt tell them that in my statement, i just assumed they realized that if you were fixing to wreck that you would hit your brakes.


Asked on 8/14/07, 6:55 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: car accident

I read Dan Street's reply and he is correct..As I read your question..I must say I have never had the clien'ts insurance company refuse to pay all damages. If it is your insurance company, you have a good lawsuit against it...they have violated Texas Law in a big way. Call an experienced lawyer..members of Texas Trial Lawyers are all knowledgeable..in this..as is our firm.

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Answered on 8/15/07, 1:58 pm
Dan Street Street Law Firm

Re: car accident

I am seeing this situation more and more these days. It is an easy way for insurance companies to increase their profits by hundreds of millions of dollars: simply place 20% "comparative negligence" on the claimant (which reduces what they have to pay by 20%). They know they can do this to you with total impunity until you hire a lawyer. There is nothing you can do to stop it. However, in the over 7,000 cases I have handled, I have never once accepted less than 100% liability for my clients. The insurance companies know that, once you have a lawyer, they have to behave themselves. Do yourself a favor: hire an attorney. It's the only way to fix your problem. And one more thing: never, ever give a recorded statement to an insurance company. It is never to your advantage to do so. They always twist and turn what you say to justify paying you less. Call an attorney first and allow the attorney to do the talking for you.

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Answered on 8/15/07, 1:13 pm


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