Legal Question in Personal Injury in Texas

We live in the north Houston area. My husband and 17 yo stepdaughter were involved in a one car accident. Stepdaughter ran head on into a concrete median 150 miles from home. Husband had to have shoulder replacement surgery and physical therapy. Car was totalled. We thought she froze and ran head on into the concrete barrier, but now we're wondering if the 2009 Toyota Corolla actually sped up on its own. We have received $20,000 from the insurance carrier for personal injuries, and the insurance carrier is willing to pay another $20,000 minus what the medical insurance paid, which will not amount to much. In Texas we can sue our own policy for more correct? Also, how do we pursue the possibility the car sped up on its own?


Asked on 2/03/10, 8:34 am

3 Answers from Attorneys

Jason Kipness Kipness Law Firm

You need to speak with a personal injury attorney.

Do not communicate with the insurance company or give them access to more medical information or sign one of their forms.

They are not there to help your husband but to trick your husband in taking a low amount of compensation for his losses.

Some questions that will need to be answered is:

1. Have you received all monies on your step daughter's policy? What are the policy limits?

2. Is there a seperate auto ins. policy that your husband has?

3. Are you still in possession of the car to have it inspected to see if the pedal was a cause of the accident?

Feel free to give me a call to discuss at (214) 800-3454.

For free information on Texas auto accident claims visit http://www.kiplawfirm.com. You can send a confidential e-mail at this website.

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Answered on 2/08/10, 8:42 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that the insurance company is once again only worreid about their profit margin. You should really consider consulting with a local law firm to protect your rights and interests. Additionally, the vehicle will need to be looked at to see if the pedal was the basis for the accident. There are other items to consider with the specific facts of this case. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.

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Answered on 2/08/10, 8:52 am
Roger Merrill Merrill & Associates

In times past, we were not allowed to make a claim against a family member and collect any of the $ under our auto liability policies. The law changed and it allowed us to do so, but only for the minimum limits required for an auto liablity policy under Texas law. Health insurers will usually reduce their liens if you have an attorney involved. Please contact me and I should be able to increase the amount of money you receive.

I represent clients throughout the state and am board certified in personal injury trial law by the Texas Board of Legal Specialization.

(713) 914-0830

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Answered on 2/08/10, 9:03 am


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