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Category: Personal Injury Law
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I need Texas Personal Injury Attorney regarding car

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Hi, I need Texas Personal Injury Attorney regarding car insurance, advice on Insurance, risk management, exposure.In other words, what limits, coverages and companies are for my family situation.

Hi there. My name is ***** ***** I'm a licensed attorney. Please note, all information is provided for educational purposes only. So I understand, are you currently shopping for car insurance policies in Texas and want advice on what kind of coverage to purchase?

Customer: replied 1 month ago.
Yea, we currently have Geico. Before my custody battle I had a 27-employee clinic, luxury cars, bla, bla, bla. Did have USAA which I believe that I can get still since my father was in the Navy. He's passed away in 2006. I ended up with Geico after re-marrying in 2012.When I was doing really well in clinic, the USAA representative recommended that I get high limits of liability and all of the other colleges because personal injury attorneys would look at my business and assets and come after me hard.Short story, wife had an affair, divorce, custody battle, bankruptcy, and I think I'm over insured now. But I want to find out from someone who actually pursues personal injury settlements what to do. I am a worker's Compensation specialist, and the surest way not to ever have to pay anything is to not have insurance as an employer because almost no attorney will accept WC case anyway, especially if you have no coverage.So we have a bill due now.
Customer: replied 1 month ago.
Customer: replied 1 month ago.
Customer: replied 1 month ago.
3/44/4 is blank
Customer: replied 1 month ago.
Below is claim History
Customer: replied 1 month ago.
Customer: replied 1 month ago.
Customer: replied 1 month ago.
Policy change history.We use to pay $222/mo for My wife and I.At renewal, Increased $75 with surcharge for October incident, and $270ish to add 17 yo son.
Customer: replied 1 month ago.
Monthly payment change 1

Got it. Ok. I think there's a few areas you could cut back on. I think you're definitely overinsured in terms of liability coverage. If, god forbid, you were responsible for an accident, Texas limits your liability based on your policy limits. It requires that you have at least $30,000 of coverage, and so most PI claims will start negotiation asking for policy limits, assuming that it's $30,000. While some people will go up to about $50,000, I think you could definitely lower that coverage. You could also lower your property damage liability maximum as well.

I think in Texas underinsured motorist insurance is a must. I've had a lot of people come to my office after an accident only to find out that the motorist that hit them was uninsured, and they therefore can't recover anything. I would keep that. PIP is nice to have, because it means you'll automatically recover that sum of money if you're ever injured in a MVA. However, since you have good underinsured motorist coverage, it's not really necessary. You could always lower that to the $2,500 point if you so chose.

I'd say if you're going to cut, I'd lower the amounts in section A, liability coverage. Lowering those will also give you the most savings.

In terms of the actual company you're using, I see nothing wrong with Geico. I actually haven't encountered that many personal injury cases where the defendant is represented by Geico. In my experience, USAA is generally easy to work with. Allstate and State Farm have generally aggressive counsel, so if you're looking for a fierce advocate in the case of a collision, they would probably be your go-tos. Let me know if there's anyone else you're considering and I can tell you my experiences with them.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

Customer: replied 1 month ago.
Current payments. It's killing us, and we have to add a 2003 Prius for my son.

Yeah that's a huge payment and I don't think it's really necessary. If I were you, I'd drop those liability coverages way down.

Customer: replied 1 month ago.
What would you lower Liability coverage to?

You could drop it as low as $30,000.

Customer: replied 1 month ago.
Would you mind giving me feedback that would give me an Idea of what coverages and amounts would be least attractive to a PI attorney to pursue?
Customer: replied 1 month ago.
Ok, so A- from 100/300k to $30k?

That would the the least attractive to the PI attorney to pursue. The higher that liability coverage, the more dogged the attorney would be in negotiating. If I had a client who came in and I found out the party responsible had a policy with $100K limits as opposed to the normal $30K limits, it would be a much more intense case.

Yes. That's the amount that the PI attorneys will look at. Now to be clear, your insurance doesn't tell them what your policy limits are. But based on their negotiating tactics, attorneys are usually able to deduce if the policy limit is in excess of $30,000.

Customer: replied 1 month ago.
Ahh. So it says 100k/300k. Would I ask to change from 100k / 300k to 30k or 30k/??k

I believe it would be $30k/$50K . I don't remember the exact split, but the first number is ***** person and the second is max per incident.

Customer: replied 1 month ago.
Ok, how about the next one... property coverage liability. Am I reading it correctly that I am currently covered for $100,000 of property damage other vehicles? If so what should I lower the TV to be at the least attractive to an opportunist driver and/or attorney?
Customer: replied 1 month ago.
Are you there still?

Yes, I'm still here.

Yes, that would cover either damage to other vehicles or damage to public property. That's one you would likely be able to lower as well. In Texas, the minimum is $25,000, so you could drop that down as far as that if you so chose.

And for the above it's $30K/$60K, not $50K

Customer: replied 1 month ago.
Is 25k property coverage safe for me. In reality, if my son or we hit a Lexus and it was totaled, would we really be stuck with anything over $25,000 in repair?

Yes, you would. While $25,000 is the minimum, with a teenager driver in the house I would keep that number relatively high so that you're not at risk for out-of-pocket repairs. However, $100,000 is probably excessive. You could lower it to $75,000 and still be fully covered if he totaled an expensive vehicle.

Customer: replied 1 month ago.
Ok... can you have different limits for parents and kids?

Unfortunately no. First, the policies are set per vehicle as opposed to per person. The optional coverages that protect vehicles, like comp and collision, rental reimbursement and custom equipment coverage can be different on each vehicle, but your liability, uninsured motorist and other required coverage limits must be the same on all vehicles. That means if you have liability limits of 30/60/75 on the first car, you need those same limits on all other vehicles on your policy.

Customer: replied 1 month ago.
OK, do you think $5000 of personal injury protection is too much? As a provider, and a user of it, I always wish I had more not less. But I don't know if it's a relatively expensive coverage, or not.
Customer: replied 1 month ago.
What are your thoughts

So essentially, PIP will pay you back for medical expenses up to that amount if you get in a collision, no matter who is at fault. You still have to prove up your medical expenses in order to convince them to pay you PIP. If someone else is at fault, you'll recover that anyways from the driver at fault's insurance or from your underinsured motorist coverage. PIP is kind of a safety net if you're concerned about medical expenses resulting from accidents that may be caused by someone on your policy. I don't personally believe that it's necessary, but it's really a personal opinion. For me, health insurance would likely cover those expenses anyway, so I don't feel it's really required.

You could always reduce the amount if you don't want to eliminate it entirely. Some people have PIP of $2,500.

Customer: replied 1 month ago.
In my practice, there were a group of attorneys that would insist on taking a third of the personal injury protection for just signing the stupid form. I can't tell you how badly got turned away clients. ultimately, we forge relationships with attorneys that left the PIP for the patient lost wages and injuries. Then when the final settlement came, we as the provider were happy because we've been paid by PIP, and the patient/attorney client was happy because the final settlement only had to be split two ways. Literally we work with felt that including PIP in the final settlement wasn't ethical for simply signing one paper. ultimately, it mostly always paid for all of the medical bills, and the patients always felt that they got a better deal by going to the attorney that only split two ways versus three. Anyway... uninsured/underinsured motorist coverage...
Customer: replied 1 month ago.
Do you now if the statute of limitations for uninsured motorist injuries is 3 or 4 years? I've heard 4?

No -- for MVA the statute of limitations is two years.

Unfortunately even if the person is uninsured or underinsured it doesn't extend the personal injury statute of limitations.

Customer: replied 1 month ago.
Ok, I didn't understand your thoughts on how to best reduce costs and choose the right UIM/uninsured motorist?

I think underinsured motorist coverage is critical in Texas. We have one of the highest number of uninsured motorists driving around in the country, and people get burned pretty badly by being hit by someone without insurance. The level kind of depends on your health insurance, and what kinds of deductibles you would have to pay were someone significantly injured in a MVA. If your deductible would be high, keep you underinsured coverage high. If you have a low health insurance deductible, and you feel pretty comprehensively covered by your health insurance, you can lower the amount of the underinsured motorist coverage. But I'd keep it at $20,000.

Customer: replied 1 month ago.
I was hit in 9/2014. 16 y/o kid, signed waiver and all. Full thickness tears in 6 ligaments in neck. 7-8mm of lateral translation of C1 on C2 seen on lateral bending on Xray. Dx is Atlanta-axial rotational subluxation with gross instability.I have been told all along it's 4 years. Neurosurgeon said surgery reduces all ROM by 50%, so he said wait as long as possible to see how much it will stabilize.Sooo... this is a good article of what I've been told.
Customer: replied 1 month ago.
It you are hit by a car and the other guy is at fault, then you potentially have two claims (1) the claim against the at-fault driver, and (2) the claim against your own car insurance company if the other driver does not have enough insurance to cover all your damages. (Click here for a discussion on uninsured/underinsured claims). The claim against the at-fault driver is a negligence claim, which means that the deadline to file suit is 2 years. However, the claim against your own insurance company is considered to be a breach of contract case, which means that the statute of limitation is 4 years. And it is not 4 years from the date of the injury, but 4 years from the date your insurance company wrongfully denied your claim. (read a case Taub v. Houston Pipeline Co., 75 S.W.3d 606, 618-19 (Tex.App.—Texarkana 2002, pet. denied). The cause of action in a breach of contract accrues when the contract is breached, or when the claimant has notice of facts sufficient to place him or her on notice of the breach.Even though the statute of limitations is 4 years for a UIM claim, it is usually better to file suit within 2 years because, many times, you will have an argument that the insurance company acted in bad faith or violated the Texas Deceptive Trade Practices Act, which both have a 2-year statute of limitations. Thus, if you rely on the 4-year statute of limitations, you still will have your breach of contract case against your car insurance company, but you may not be able to assert some of the other theories that could increase the value of your case.

Correct. I thought you were asking if a personal injury claim against an underinsured/uninsured driver had a statute of limitations of four years. Breach of contract claims do have four year SOL, but yes, almost every attorney would want to file them with a DTPA claim as well, which expires after two years.

Customer: replied 1 month ago.
Customer: replied 1 month ago.
My md/phd neurosurgeon said I need c1\c2 fusion, I don't have insurance. I have lost tons of work (does UIM) cover lost wages?If I lower UIM from 30/60 now to 20/50 now would it reduce settlement?

UIM does cover lost wages. If you have not yet filed for your UIM benefits, I would wait until after you have processed your current case before reducing UIM.

lawyerJ and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you so much!

Of course! Feel free to reach out if you need help in the future.

Customer: replied 1 month ago.