Legal Question in Insurance Law in Texas

My husband was in an accident... While traveling south, a car pulling out of a gas station, pulls out in front of him, and stalls to wait on the north bound car to pass, my husband had the choice of hitting her without time to stop and wet roads, hitting the oncoming car head on, or swerving behind her - off the road. He chose the latter. Many wittnesses testified to the accident, as well as the person at fault. The faulty driver recieved a sitation. after our vehicle was proclaimed totaled the insurance of the faulty driver demanded that they would not pay. Our vehicle was paid for and would only have gotten 3 to 4,000 for our truck. My husband recieved minor injury, so now are left with hospital bills, and debt because we had to take out a loan for another vehicle.

The total now has risen to about 7500 that they owe us. We only had liability.... what can we do?


Asked on 1/07/10, 10:05 am

1 Answer from Attorneys
Dan Street Street Law Firm

More and more we are seeing cases of clear liability like yours where the insurance company nevertheless denies responsibility, forcing you to hire an attorney and file suit. The only short explanation for this is that, in spite of their slick television commercials (which are simply well-produced lies), most insurance companies in Texas simply do not pay claims voluntarily. They have found that they make far more money this way, simply because most people give up, which allows the insurance company to keep your money. Multiply your situation times the hundreds of thousands of accidents occurring every year and it is not difficult to understand how insurance companies measure their profits in the billions.

Unfortunately, your only option is to hire a competent personal injury attorney and be patient while he files suit and pushes your case through the court system. It's sad that the insurance industry has limited people's options to only one, but that is the way this very unscrupulous industry has chosen to do business, and you must fight fire with fire. I wish you well, and please let me know if I may assist you in any way.

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Answered on 1/12/10, 11:31 am


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