If you were involved in a car accident, an experienced lawyer at McDonald Worley in Pearland can help ensure that your rights are protected. Along with injuries, accidents can cause a lot of collateral damage. You may find yourself facing staggering medical fees, costly car repairs, and other expenses related to the accident. If you are unable to work because of your injuries, you may also be stuck in a position where you don’t have any income. Our lawyers work with victims of car accidents to ensure that the responsible party is held accountable.. Consider setting up a free consultation with our team today. They will carefully evaluate your case, providing you with much-needed answers about who is responsible for your costs and how much compensation you deserve.
The personal injury attorneys who work for our firm have decades of combined experience assisting victims in cases like these. Let us help you with your case. We are committed to protecting the rights of our clients and will work hard on your behalf to ensure that you get as much compensation as possible for your damages.
Table of Contents
The Statute of Limitations for Auto Accidents in Texas
For car accident-related cases in Texas, the statute of limitations is only 2 (two) years, which means you have 2-years from the day of the crash to file your suit. If you do not file your claim within this timeframe, your claim for compensation will be barred – the court will most likely dismiss your case when they see it is past the time limit stipulated by the statute of limitations. If that’s not the case, the defendant’s attorney will probably file a motion to have it dismissed, of which it will.
Is There Anything I Can Do If the Other Party’s Insurer Denies My Claim?
Getting involved in an accident can be life-changing. It is something that could interrupt your life, requiring you to get treatment and acquiring the services of an auto accident lawyer. As such, to have an insurer deny your claim for compensation can feel like an insult to an injury.
In the perfect world, all you’d have to do is submit a claim to your insurer, and they’d send you a check in the mail that covers your car’s damages. In this perfect world, they’d also cover injuries and medical bills right away. However, we don’t live in a perfect world. As such, chances are your insurance companies will deny your claim and may even deny your appeal.
Below are some of the possible reasons why your insurer might deny your claim.
Your Policy Lapsed or was Canceled
If you fail to make payments on your policy, it’ll end up being canceled. If you do not provide information as requested, your policy might lapse or end up being canceled. If any of these scenarios apply to you, you will probably be uninsured at the time of the accident. In such an instance, a car accident lawyer could help by dealing with the insurer on your behalf..
You do not have Full Coverage
Chances are you chose a policy that only covers damage caused to other people. In such an instance, it is imperative that you hire the services of a professional auto accident attorney in Pearland and have them contact the insurance company and speak for you. If you only have liability insurance, then keep in mind that it won’t cover damages to your car. Depending on the limits of your policy, you might not even have sufficient insurance to cover yourself if you get injured.
Your Name Doesn’t Appear on the Policy
If you were driving another person’s vehicle or a commercial vehicle that you aren’t listed on when the accident happened, then consider contacting us and having one of our attorneys handle any and all discrepancies with your insurer.
You Did Not Report the Accident
If you have been involved in a car accident recently, make sure that you provide your insurer with all the information they require.. If you do not, you might waive your coverage.
Irrespective of the reason, make sure you contact our lawyers concerning your issue. You do not have much time to request a denial. It imperative that you get your paperwork done and that you submit documentation of your accident. Insurance companies hold their clients to firm deadlines, whether they have an attorney or not.
Let one of our car wreck attorneys in Pearland deal with your insurer.
Can I File a Claim Against the Government?
While you’re allowed to file claims against the government, chances are they’ll be dismissed. It is worth noting that the government is immune to suits in most situations. Nevertheless, there are one or two exceptions.
One exception is when a case falls under Texas’ Tort Claims Act, which partially waives the immunity the government enjoys allowing the plaintiff to file a suit. However, this applies in two situations only:
- Damages and injuries caused by car accidents.
- Death or injury as a result of the condition of a real or personal property
For the government to be held liable, an employee of the government or the person involved must have met some of the following criteria:
- They would have been found liable if charged as a private citizen
- At the time of the accident, they were acting within the parameters of their employment
If both conditions are met, then your claim will probably be considered. However, it is worth noting that there are a couple of limits to the much you can recover through such claims. In auto accident cases involving the government, the most amount of money victims can receive as compensation is $250,000. Furthermore, there is a notice requirement for claims against the government.
In such cases, the statute of limitations is still 2-years. The noteworthy thing about these cases is that you are required to notify the government beforehand and let them know that you are about to sue. According to the law, you need to send a notice 6-months in advance; in some cities, the time is even shorter. For instance, in Pearland, claimants are required to provide notice within 3-months from the day of the accident.
The Other Driver is Uninsured, What Next?
Let’s say the other driver’s insurance is not enough to cover the damage or that he or she doesn’t even have insurance, what happens then?
If you’ve been injured in a car accident and the other party, who is at fault, has no or insufficient insurance to cover your injuries and damages, you will be glad to know that there are still options to get compensated for your damages. For instance, there’s the Letter of Protection.
According to Texas Laws, all motorists are required to have some level of financial responsibility and should carry, at the very least, the minimum liability insurance amount to cover damages and injuries caused by their negligence. In 2019, the amount was increased from $25,000 to $30,000 per person.
While this is good money, it still isn’t enough to fully compensate people injured in the accident and cover a majority of damages. While there are laws that make having insurance mandatory, a lot of people in Texas do not carry it.
Our lawyer will investigate and try to find other ways the party at fault could provide compensation even without an insurance cover. Sadly, most of the people who don’t have insurance most likely do not have the assets needed to cover damages.
Nevertheless, there is still a way for you to recover the compensation you need – that option is the Demand Letter.
According to Texas laws, insurance providers are required to offer you UM/UIM or Uninsured/Underinsured Motorist coverage. The purpose of this law is to protect and safeguard car accident victims from being left without options after getting injured due to the negligent actions of other road users.
Since according to the law, this coverage must be offered, the only way one cannot get this coverage is if they decline it in writing. If you’ve never submitted such rejection, chances are you still have the coverage option. The coverage typically amounts to the policy limits you pay to get liability protection.
However, there are a couple of things you will need to do before relying on the UM/UIM coverage. For more information on this coverage, read your insurance company’s policy concerning the matter. While at it, expect some insurers to make one or two offsets for claim credits against the Uninsured Motorist/Underinsured Motorist coverage they say they are providing, and this, to a certain extent, is allowed by Texas Law.
Hiring the services of an experienced legal representative and having them guide you through this process while investigating recovery points is what you should consider doing for a better shot of getting compensated for injuries and damages suffered.
Give Our Car Accident Attorneys In Pearland A Call Right Away
If you are the victim of a car accident in Pearland or the surrounding area, the experienced team at McDonald Worley can assist you with your case.
We provide around-the-clock legal assistance, which means that you can reach us whenever you need to. If we agree to work with you, you won’t be charged for our services unless we win your case.
Reach out to McDonald Worley right away to set up a time for your free consultation. We have decades of experience working with accident victims throughout Texas. Hiring us is the best way to ensure that your rights are protected and that you are compensated fairly for your damages.
Connect us as soon as possible so that we can help you get the money you are entitled to.