Legal Question in Personal Injury in Texas

envolved in accident, driver driving under suspened DL, hit me from behind on my motorcycle, can her insurance co deny claim?


Asked on 4/27/10, 10:48 am

3 Answers from Attorneys

Heather Kubiak The Kubiak Law Firm PLLC

I assume from your question that although the driver who hit you did not have a license at the time of the accident, she had valid insurance? If so, it sounds like the accident was her fault and the insurance company should pay.

You should also consider making a claim on your policy. Ultimately, your policy can pay you and your insurer can go after the other driver's policy. However, this can impact your future premiums.

Good luck, and I hope that you were not injured too badly.

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Answered on 5/02/10, 11:03 am

If the other driver has insurance, or the owner of the other car has insurance, then yes, they can pay the claim. If the driver is an excluded driver under the policy, then they can deny the claim. If you have uninsured motorist coverage, then you may be able to claim under your own policy. Do not do this yourself. I strongly suggest you meet with a few injury attorneys and see which one you like best.

Dave

http://leonlaw.com/askalawyer

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Answered on 5/02/10, 11:20 am
Jason Kipness Kipness Law Firm

You can make it a claim against the driver 's insurance.

DO NOT DO THIS WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454 and my office is in Dallas. We handle cases all over DFW, including N. Richland Hills.

Please visit www.kiplawfirm.com for free information about motorcycle accidents. You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

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Answered on 5/03/10, 7:54 am


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