Legal Question in Insurance Law in Texas

my daughter was in an auto accident on May 2nd of 2008. she was not at fault in any way and the police report backs this up. the man who hit her had a suspended license and the insurance policy on the car had excluded him from the policy. this was his wifes car and insurance policy. She had given him permission to drive her car. both autos were totalled. both, my daughter and the other motorist were taken to the hospital by ambulance. my daughter, 17 at the time, was also 5 months pregnant. we had purchased the car for her 5 days earlier. she received air bag burns and lasarations on her face and arms, her elbow had possible hairline fracture. could not work for 3 weeks, couldnt drive for 6 weeks and the OBGYN had said the baby is probably fine. nothing seemed to be noticably wrong but would not be positive until the birth. the baby was born naturally and is perfect.

my insurance company keeps pressing my daughter to sign a settlement. medical costs came to $6,500, lost wages were $719.94, and she received a check for her totalled auto in the amount of $4474. which we had just paid blue book value of $5000 for, 5 days before the accident.

they have offered my daughter $1,391 dollars for her pain and suffering. personally I feel the amount to be very very low. the adjuster has even gotten rude with me when I told her that my daughter was signing nothing at this point. I asked how she came up with her amount of $1391.00 for the pain and suffering and she stated it was an average amount for our area with simuliar accidents. I'm sorry, but I think that sounds ridiculous.I have liability insurance coverage of 50/100/50 in texas. please advise


Asked on 11/24/09, 1:41 am

2 Answers from Attorneys
David Leon David L. Leon, P.C.

It's a bit late to be asking for the advice of an attorney, as I usually get involved in the very beginning. There is no 'average' settlement for a case like this. Every case is different. I would have to review the police report (though liability doesn't seem to be in dispute) and the medical records and interview your daughter to see what would be appropriate. Given that your daughter had objective findings (i.e. this isn't a soft tissue only injury) and that this is a first party case, you may be able to get additional funds from your insurance company, if the case were worked up properly. The downside is that it probably won't happen unless you get counsel, and many lawyers won't touch a case like this because you have a potential statute of limitations problem fast approaching, and who knows what was messed up in the case until now. (This is not to say that your daughter did mess up the case, but there are a number of little things that can ruin a case along the way, if it's not handled by someone who knows what to look for.) I'd be happy to review the case files at no charge to see if there is something we can do on this, if you like.

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Answered on 11/29/09, 10:13 am
Dan Street Street Law Firm

What you have is an "uninsured motorist" claim and, fortunately, the statute of limitations is four years on this type of claim. However, I agree that you need to hire an attorney immediately, and one who is highly skilled in handling this type of claim. As you have found, the insurance company will try to cheat you if they can. Without an attorney willing to go to bat for you (and file a lawsuit if necessary), you will continue getting lowball offers. Most attorneys like me who handle nothing but personal injury cases will consult with you at no charge and also accept your case on a contingency-fee basis. Please do retain an attorney at your first opportunity. You will not receive fair treatment when dealing with the insurance company on your own, as you have now discovered. I'm sorry you were cheated on your car. Because of the way insurance companies behave, it is my recommendation that EVERY person hire an attorney immediately after an accident. The insurance company has lawyers working for them; why shouldn't you?

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Answered on 11/30/09, 1:21 pm


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