Liability Insurance
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A Quick Summary – Liability Insurance
Details about different coverages you need to understand
Liability Insurance vs. Collision/Comprehensive/UM OR Theirs vs. Yours
Understanding the different insurance policies which pay for property damage is important. The first is the other person’s insurance which is called a liability policy. In Texas, we are all required to have a liability policy (with a minimum $25,000.00 of property damage coverage). This means we all are required to have a policy on our car which covers other people who we hit. If you are hit by a person, and they are at fault, their liability policy pays for your losses, including any of your property damages caused by the at fault driver’s carelessness.
The next coverage is called collision. Collision is not required under Texas law, but insurance companies are allowed to sell it as an optional coverage you can buy if you wish. Collision covers your car in the event it is involved in a wreck. Collision usually comes with a deductible of $500.00 or $1,000.00. This is your insurance, which is called first party coverage.
You may have a coverage called comprehensive or “other than collision”. This coverage covers your car for property damages caused by something other than a wreck, like hail. This is not applicable to our scenario.
Underinsured Motorist Coverage is another type of insurance for sale in Texas which is not required by law. This policy will cover your property damage if you are hit by someone who does not have any insurance, or their liability policy limits are less than the cost of your property damage (the other person does not have enough insurance to cover all of your loss). This coverage is known as UM or UIM and is a first party coverage, because it is a policy you buy which covers you. UM comes with a $250.00 deductible.
Ideally you will use the other person’s liability insurance coverage to fix or total your car. Often, however, there are issues which can be an extreme source of aggravation and using your own insurance is the better option. We discuss the most common sources of aggravation below.
Liability Insurance – Why is the other person’s insurance not paying my claim
Why is the Adjuster So Slow?
People involved in wrecks often find the other driver’s liability insurance adjuster is slow to accept responsibility and pay for property damage. Unfortunately, there is not a law in Texas which requires the liability adjuster to make payment within any certain time frame. Liability insurance is not your insurance, you did not pay for it, and, under Texas law, the carrier doesn’t have much of a duty to be fair or to pay promptly. The adjuster wants to make sure they must pay the claim before they start paying. They perform an investigation which generally means calling and talking to their driver, getting a police report, or talking to other witnesses, including you. This investigation can take some time, and can make you mad as a hornet if you are without a car.
Unfortunately, your only remedy to this problem is to file a lawsuit. Lawsuits are expensive and not very fast, so this isn’t a quick solution. If you have an injury claim that justifies the lawsuit then you may be able to file it right away, and this might spur the liability carrier into resolving your claim. If you are not hurt, then all you can do is to keep calling the adjuster to move more quickly on your claim. Finally, you can use your own insurance, which is discussed elsewhere. People don’t like to use their own insurance, but often it’s the best course of action.
Why is the insurance adjuster not paying for 100% of my damage?
What if the other driver wasn’t the only cause of the wreck? Contributory negligence is a law in Texas which says that if you are partly at fault in the wreck, then the other driver’s insurance doesn’t have to pay for the part of the damages you caused.
An example might be if you and the other driver approach an intersection with stop signs in all directions and neither driver stops causing a collision in the middle of the intersection. If you were found to be 50% at fault, and you had $10,000.00 worth of damages, then the other driver’s insurance would only pay you 50% of your damages, or $5,000.00. If you were found to be 10% at fault and the other driver was 90% at fault, then the other driver’s insurance has to pay you $9,000.00.
As you can see, contributory negligence reduces the amount of money the other driver’s insurance has to pay to you. Adjusters are highly motivated to find contributory negligence because it gives them a reason to refuse to pay for all of your damages. If the other driver tells their insurance company you caused the wreck, even just a little, then the adjuster will say that you are a percentage at fault and reduce their offer accordingly. Even in the face of overwhelming evidence, the adjuster will choose to believe their driver to reduce the amount of money they pay to you. This can be maddening if you did not do anything wrong.
We have had adjusters place partial blame on our client when the other driver ran stop signs and red lights. Contributory negligence gives the adjuster a strong financial motive to blame you, even a little, for the auto accident. This means you need carefully consider the way you describe the wreck when speaking with the adjuster. If you say something that is ambiguous and could be interpreted to your disadvantage, the adjuster will assume the interpretation that is most helpful to their side.
In addition, there may be disagreements about what a car is worth. Please see the total loss discussion if you and the adjuster disagree about the value of your car.
Should I Give a Recorded Statement
Generally, you should avoid giving recorded statements regarding your auto accident, but sometimes you must give one to get the property damage resolved. Recorded statements can be used against you later, but they can never be used to support you. There is a rule in the Texas Rules of Evidence that pretty much says that statements can only be used against a person. This Rule is why car accident lawyers almost always tell their clients to not give a recorded statement about their car accident. There are times, however, when a liability carrier will refuse to repair your vehicle unless you give a recorded statement. If you do not have a collision policy, then you may have to give a recorded statement in order to get your vehicle repaired or totaled.
The best thing you can do at this point is call an auto accident lawyer. Misstatements in a recorded statement may be impossible to overcome.
If you must give a recorded statement, then remember that liability coverage covers the other driver for their actions and do not say things indicating the at fault driver was not at fault. You may have an aversion to telling someone they did something wrong. This is common. People generally do not like confrontation and generally don’t want to blame others. This tendency may lead you to blame other things for the auto accident besides the other driver’s actions.
Don’t blame the rain, the snow, the sun, a sign, tree, other obstructions to vision, or yourself if the other person caused the wreck. Remember that liability coverage covers the other driver for their careless driving. If the other driver is at fault, then say it in plain language. If something other than the other driver caused the auto accident, you should not be making a claim against the other driver. Do not say things tending to indicate you should have done something different unless you were partly at fault in causing the wreck. Freak accidents, acts of God, a high shrubs, weather, and your actions are not insured by the other driver’s insurance. They will not pay for those things. To the contrary, they will blame those things to avoid paying you. See the above discussion about contributory negligence and remember that the insurance adjuster essentially gets a discount if they can say that you, or something else, caused the wreck.
Texas Limits of Liability – How Much Insurance Does the Other Person Have?
The minimum amount of liability insurance for property damage on a liability policy is $25,000.00. This limit is the most the insurance company will pay to repair or total your vehicle. The other driver may have a liability insurance policy with a higher limit of property damage coverage, but $25,000.00 is the lowest amount the other driver can carry under Texas law.
Many people in the Sherman and Denison areas drive cars with this minimum limit. If the other driver does not have enough insurance to cover the property damages, then you must look to your own insurance to cover the balance of the loss. This could be either an underinsurance coverage, or collision coverage. Neither underinsured motorist nor collision is required under Texas law, so you may not have these coverages. If you did not purchase UM or collision and the other person does not have enough insurance coverage to pay for the property damage, then the loss is not going to be completely covered. This is a problem.
Things that Texas Liability Property Damage Must Pay For
If the other driver is at fault, then his liability insurance pays for all of your property damage up to their limit of insurance. The insurance company must cover any damage to your car, children’s car seats, other property in your car such as eye glasses, or any other property which is destroyed or damaged in the accident. If your car is repairable, then it must be repaired with like parts. (See Repair for more information). If your vehicle is a total loss, then the insurance company must pay you fair market value of the car before impact (See Total Loss for more information). Finally, the liability carrier must pay for a replacement vehicle during the time of repair or replacement. (See Rental for more information).
Things that Texas Liability Property Coverage Does Not Pay For
Mental anguish and emotional loss associated with the loss of property is not recoverable under Texas law. This includes the mental anguish associated with the loss of a pet, which is considered property. If your car is a total loss, the liability insurance also does not pay for any “gap” between the fair market value of the car and the amount of any loan you might have on the car. If the fair market value of the car is worth less than the loan amount (sometimes called being upside down) then you may be left with no car and a note that you still owe. See the discussion about Gap Insurance.
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Work accidents commonly lead to injury, and even death. These on the job accidents can occur at any job. Many of us work in industrial environments, such as oil fields or metal fabrication shops. Any job that exposes us to heavy equipment, or equipment that uses large amounts of force or torque, exposes us to danger. On the job injuries many also happen in cars or other settings. Any of these can cause serious injury or death.
The car accident lawyers at Tate Rehmet Law Office see more than their fair share of car wrecks in and around the Texoma area. Although each accident is unique, one fact is almost universally true in every collision: car accidents happen when drivers do not follow safety rules. When people fail to obey safety rules they become negligent and are responsible for any damage or harm caused. Negligence is simply the legal term for failing to drive in a safe manner.
The pedestrian accident lawyers at Tate Rehmet Law Office are here to help if you have been injured in an accident as a pedestrian in the Sherman, Denison, North Texas or Texoma area. Pedestrian accidents are far too common as Texas has one of the worst records in the nation for pedestrian safety. Fatalities from pedestrian crashes have trended upward for several years, and this makes walking on or near a Texas roadway a dangerous activity. The city of Sherman alone has 1-3 pedestrian deaths per year with many more injured. The North Texas and Texoma region have even more. Texas is usually ranked 3rd highest in the nation for total pedestrian accidents per year.
Our pedestrian accident attorneys are here to assist victims and their families recover their losses caused by the accident. We understand the life-altering nature of a pedestrian collision and we will provide thorough and caring representation to those who have suffered from a pedestrian injury. We will take all steps necessary to seek the maximum amount of compensation available to you and stay in close communication with you throughout the process. We work on a contingency basis for all of our clients, which means we are not paid anything unless you collect money for your injuries.
Our legal team has decades of experience in personal injury law. We have represented numerous victims injured in pedestrian collisions, and have a proven record of success in recovering for our clients. If you or a family member has been injured in a pedestrian accident please give us a call and we will provide you with a legal rights consultation free of charge. You can reach us at (903) 892-4440 or by chat or the email contact form on our Contact Us page and other pages of the website.
Tate Rehmet Law Office is a Sherman, Texas, personal injury law firm, dedicated to representing individuals who have been hurt by a wrongdoer. The cases we handle include auto accidents, large truck wrecks, motorcycle accidents, wrecks involving pedestrians, premises liability claims, defective products claims and claims involving injuries caused by animals, including dog bites.
Our North Texas injury lawyers dedicate 100% of their professional time assisting those who have been injured by the wrongful acts of another. We work with clients in a number of places, including Sherman, Denison, Gainesville, Bonham, Durant & all of North Texas & South Oklahoma—often called the Texoma area.
Any of us can become the victim of an auto accident. Car wrecks are frequently the lead story in the Sherman/Denison news. Some of these car accidents leave individuals with serious injuries, while others are left with the death of a family member. Lives are changed forever, and financial hardship may ensue. The personal injury attorneys at Tate Rehmet Law Office are dedicated to recovering compensation for the harms and losses caused in these car accidents. We are a personal injury law firm, devoting 100% of our time and effort representing individuals who have been injured, or the family members of those who have been killed by the negligence of others.
Our personal injury attorneys handle car wrecks in Sherman, Denison, Gainesville, and Durant. One of our injury attorneys is licensed in Oklahoma, and assists with auto accidents occurring in Durant and Southern Oklahoma. If you or someone you know has been involved in an auto accident please don’t hesitate to contact Tate Rehmet Law Office at (903) 892-4440. Or, you may send our attorneys the details of the accident and injuries by using the contact form below. The initial call, consultation, and investigation are free of charge.
Automobile drivers have a duty to look out for motorcycles, but often do not look carefully enough. When this happens, the motorcyclist is exposed to serious injury, or even death. Adding insult to injury, the motorcyclist, who was doing nothing wrong, is often blamed for causing the wreck, and accused of speeding. This happens because the auto driver can’t explain why they did not see the motorcycle. In reality, the auto driver did not look carefully enough. When the car driver tells the police and insurance companies the wreck was caused by the motorcyclist, the police write unfavorable reports, and insurance companies deny claims that should be paid.
The personal injury lawyers at Tate Rehmet Law Office help injured motorcyclists pursue recovery of their loss, and handle wrongful death suits for the family members of motorcyclists who are killed. If you are hurt in a motorcycle wreck, or if your family member has been killed in a motorcycle accident, please contact us. A personal injury attorney in Sherman will discuss the case with you without any charge. You may contact us by calling (903) 892-4440 or by using the contact form below to send the details of the motorcycle injuries to our attorneys. The initial call, consultation, and investigation are free of charge.
A defective product, or a dangerous product, is a product which was not built according to the design, or the design itself was flawed before the item was constructed. These types of items can become lethally dangerous. Our injury law firm has helped many clients with defective product cases, including defects in cars, tires, flammable clothing, and hydraulic cylinders. More specifically, we have helped clients who were seriously injured in Sherman from the failure of a hydraulic cylinder which was lifting a large wing on a bat wing mower, a child that was severely burned in Sherman while wearing pajamas that did not meet federal flame retardant standards, and the wrongful death of minor children who were killed when a steering mechanism in a car failed.
All of these accidents and the resulting injuries occurred in the Sherman/Denison area. Our personal injury lawyers were able to assist each client, helping guide them through the aftermath. Products liability is a complicated area of law. Evidence which is not collected quickly may be lost forever. If you believe a dangerous product caused an injury or death, please contact our personal injury law firm by calling (903) 892-4440 or using the contact form below to send our attorneys the details surrounding defective products and related injuries. An injury attorney in will evaluate the dangerous product claim and take steps necessary to preserve evidence. The initial call, consultation, and investigation are free of charge.
Read more on Defective Products…
Drunk driving, or DWI, happens all too often, frequently leading to auto wrecks caused by the drunk driver. Sadly, as of 2009, Texas was ranked 45th in highway safety by MADD (Mother’s Against Drunk Driving) with 1,235 people killed by drunk drivers during that year. Many more people have been injured by intoxicated drivers. Alarmingly, according to MADD, the average drunk driver has driven under the influence of alcohol 80 times before being arrested. Our Sherman injury attorneys aggressively pursue personal injury claims against drunk drivers. With rare exception, we file suit against the drunk driver, usually immediately after the client retains our firm.
Chris Rehmet, a lawyer at Tate Rehmet Law Office, is a former criminal prosecutor who convicted many drunk drivers of the crime of DWI. He is very familiar with DWI investigation and evidence. In addition, Chris is an active volunteer with MADD in Grayson County, and regularly speaks to those individuals convicted of DWI in Grayson County about the potential civil liability of driving under influence and causing personal injuries to another. Our personal injury lawyers hold drunk drivers accountable and force those who commit the crime of DWI to meet their responsibility for the auto collisions and personal injuries they cause.
Tate Rehmet Law Office has forced several drunk drivers to pay money out of their own pockets, above and beyond the available insurance limits. If you are hurt in a car wreck caused by a drunk driver, please call. You have power over the drunk driver. The drunk drivers’ financial future is in your control. Our personal injury attorneys will talk to you about DWI and explain why you have this power, and how to use it. If a family member has been killed by a drunk driver, we will discuss the legal implications, but our accident attorneys in Sherman will also direct you to resources in Grayson, Fannin, or Cooke County that might help you with your emotional loss. The initial call, consultation, and investigation are free of charge. Please do not hesitate to contact us by calling (903) 892-4440 or using the contact form below to send the details of the drunk driving accident to our attorneys, and we will contact you promptly.
The wrongful death of a family member is one of life’s greatest tragedies. Coming to grip with a sudden loss of a family member may be one of life’s greatest adversities. No amount of money can make up for these kinds of losses. None-the-less, the wrongdoer should be held accountable for the damages they cause. The personal injury attorneys at Tate Rehmet Law Office are experienced at representing surviving family members in wrongful death claims and holding the wrongdoer accountable.
The injury attorneys at Tate Rehmet Law Office have asserted wrongful death and survivor claims for surviving family members of auto wrecks, work accidents, drunk driver accidents, tractor trailer accidents, motorcycle accidents, and defective products. Almost all wrongful death cases require suing the person or company who caused the death. Tate Rehmet Law Office has successfully sued major corporations for wrongful death in both federal and state courts.
You depend on the other person to have insurance to pay for your losses when they hit you. The law requires us to buy a minimal policy with limits of $30,000.00 to pay for injuries to any one person and $25,000.00 to pay for property damage. Being hit by someone who has no insurance, or does not have enough insurance, is frustrating. There are, however, steps which can be taken.
The first step is to look under every stone for insurance coverage. Many times the driver is not the owner of the car they were driving. If they borrowed the car from someone who is not a relative living in the same household, then there may be insurance in the driver’s household that covers them.
If there is no insurance, then the driver who caused the accident may have to pay out of their own pocket. Tate Rehmet Law Office has forced individuals to pay out of their own pocket on several occasions.
Health Insurance allows many injured people access to medical care. Without insurance, access to medical care can be difficult or impossible. Even those with health insurance may not be able to pay the high deductibles required by their policies. Our personal injury lawyers in Sherman understand how difficult access to medical care can become. A letter of protection can be used to get access to medical care in lieu of health insurance. A letter of protection is a letter from our office to a medical provider promising to pay the provider’s bills out of settlement or judgment money. This letter can be used to help gain access to doctors, therapists, radiologists, and pharmacies. We are familiar with many of the medical providers in this area and can talk with you about which doctor or medical provider is most appropriate, as well as the best way to pay for that medical care.