Legal Question in Insurance Law in Texas
mandatory insurance
My wife was recently involed in an accident in which she was rearended. Upon a medical examination she was diagnosed with whip lash. The damage to the car, which is a 2007 Ford Focus was minimal. An estimate of 317.00. We were just informed by his csrrier that his policy is not valid. My question is , what is my recourse to recover the damages, without penalizing our rates?
3 Answers from Attorneys
Re: mandatory insurance
your rates are not affected by no fault accidents...
Re: mandatory insurance
You can file a claim against your own policy (assuming you have personal injury protection and/or uninsured motorist protection.) These should not cause your rates to increase. Otherwise, you can file a claim in small claims court (you don't need a lawyer for this, but you can have one if you like.)
Good luck!
Re: mandatory insurance
One of the many unfortunate results of "tort reform" so vigorously pushed by Governors Bush and Perry is that insurance companies simply will not pay bodily injury damages when the property damage to the vehicle is minor. (Anything under $1,000 is consider to be "minor.") You can certainly file a claim on your own PIP and it will reimburse you for your medical bills. You could also file on your UM, but your carrier would receive a credit or "offset" for what they paid you under PIP. Additionally, your carrier would not feel your bodily injury claim is worth much (if anything) due to the very low property damage. The best advice I can give you? Vote Democrat. Until we run these corrupt Republicans out of Austin, nothing is going to change.
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