Insurance Policy Inapplicability
Some Insurance Carriers Will Simply Argue that They Don’t Cover Your Accident Rather Than Disputing Liability
A secret weapon in the insurance industry’s arsenal is a defense that we refer to as insurance policy inapplicability. In a nutshell, if the insurance carrier can allege that the actions of their driver were outside the scope of what the policy covers, then they are able to not pay you even though their driver caused the accident. This article will explain what an insurance policy is, how insurance companies can manipulate the policies, and what we can do to help. Please visit our website.
We all understand that not all insurance policies cover the same issues. For instance, if you cause a car accident, you wouldn’t expect a claim filed your home or life insurance because those two policies only cover certain situations. When an insurance carrier can argue that the scope of a policy does not include the type of situation on which your grievance is based, then you are literally barred from receiving compensation for that policy. So when a car insurance carrier can explain that the situation surrounding your accident is not covered, they are often essentially saying “sorry but you have the wrong type of coverage.”
An Example
Our firm was contacted by a woman who suffered from minor injuries in an accident when her car was sideswiped by a fellow commuter. Her claim had been denied and she contacted us hoping we could remedy the situation. She explained that the person that hit her was probably in a rush and not paying attention, but in order to make her story sound more compelling, she explained to the insurance adjuster that he hit her in a fit of road rage.
She thought this would frighten the insurance adjuster into making a quick settlement because she figured, who would want to defend someone like that. Her plan backfired and the insurance carrier denied the claim on the basis that they do not cover intentional torts (deliberate acts), the policy only covers negligence, and if he hit her on purpose the insurance policy does not apply. She admitted she exaggerated thinking would help, and since we cannot in good conscience help someone who was being dishonest we could not represent her in her case.
How Insurance Policies are Supposed to Work
As you have probably gathered insurance policies cover negligent acts that are mistakes or derive from ordinary recklessness. An insurance policy, may not apply when an insured driver is racing, either on track or street, or when the driver is driving drunk.
The Problem
Insurance carriers love nothing more than to argue that it doesn’t apply because they don’t have to argue that their driver wasn’t liable, only that his actions aren’t covered so you only have recourse against him. The problem is that insurance carriers will unfairly claim that the circumstances of your accident fall outside the scope of what their policy was designed to cover.
Our Attorney has over twenty years of experience and have dealt with literally thousands of car accident cases. We know how to deal with the insurance companies to make sure that they accept responsibility for their driver’s actions. We will help you through the entire process and deal directly with the insurance company on your behalf and get you the fair settlement that you deserve. Call today for a free consultation at
Consider the following:
Comfort Level - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost - How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
City - Is the lawyer's office conveniently located?
Texas law allows injured drivers and passengers, and the families of the loved ones who have died or were injured in car accidents, to file a lawsuit against those responsible for the accident.
Legal responsibility, called “liability,” for a car accident often depends upon proof that another driver was at fault. The other driver, however, does not have to intentionally cause the crash. Proving the other driver operated the vehicle in an unsafe and unreasonable manner under the circumstances, known as negligence, is sufficient evidence to demonstrate liability.
In certain cases, non-driver factors lead to a car accident. These factors can include roadway hazards, poorly-marked construction sites, construction site debris, sand, or gravel on roadways, and other dangerous road conditions. Keep in mind, the deadline under Texas to bring a lawsuit, known as the statute of limitations, can be as short as six months for claims against governmental agencies.
When should you contact a car accident lawyer?
If you or a loved one has been involved in an automobile accident, you should discuss your case with an experienced auto accident attorney immediately. If too much time goes by before an injury lawyer takes on your case, certain evidence in your case may become impossible to acquire, witnesses may become out of reach, and insurance companies may disadvantage you. Our law firm handles exclusively personal injury claims and wrongful death claims.
Once we accept your automobile accident injury claim, we immediately begin working to obtain for you the maximum compensation allowed by law. We will:
Conduct a thorough investigation
Acquire all available evidence needed to prove and maximize your claim
Work with auto accident reconstruction experts to prove that the other party is at fault
Utilize medical experts to support your claim for the full extent of your injuries
Common Car Accident Injuries
Car accidents can be extremely traumatic. While some of the more fortunate accident victims are able to walk away from crashes without injuries, the sad truth is that many people don’t. In fact, too many car crashes that occur on Texas roadways are catastrophic—some of which result in death.
Because car crashes are usually violent, injuries are common. In fact, across the United States, there are about 1.6 million injury-causing car crashes every year. Whatever your injury and whatever the resulting cost, a San Antonio car accident lawyer from our firm can help you seek compensation to pay for your recovery.
Brain Injuries
Some of the most serious injuries resulting from car accidents are traumatic brain injuries. Symptoms of a brain injury can be mild, moderate, or severe, depending on several factors involved in the accident.
Unfortunately, brain injuries don’t always show symptoms immediately. If left untreated, even a minor brain injury can cause permanent damage; this can happen when the brain swells and creates too much pressure inside the head.
Spine and Back Injuries
Spine injuries can leave victims paralyzed. Typically, these types of injuries are caused in conjunction with injuries to the vertebrae, discs, or the spinal cord itself. In fact, broken bone fragments and disc material can damage the spinal cord, which carries signals between the brain and the rest of the body.
These injuries often lead to a severely decreased quality of life. This—in addition to your medical expenses—should be factored into your final settlement. With the help of a San Antonio car accident lawyer from our firm, it will be.
Neck Injuries and Whiplash
Neck injuries are some of the most common injuries that happen in car accidents. In many cases, whiplash, injury to the soft tissues of the neck, is unavoidable and results from the head’s forward momentum during a crash.
Other neck injuries include cervical dislocation, disc injury, and neck strain.
Internal Injuries
Seat belts, airbags, and other parts of the interior of a vehicle can all cause internal injuries during a wreck. The most at-risk organs include the bowels, kidneys, liver, lungs, and spleen.
Internal bleeding and injuries to your internal organs are all but certain to carry a heavy financial burden and long-term medical implications. Your San Antonio car accident lawyer will ensure that your medical needs, both current and future, are fully factored into your financial award.
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Have you ever wondered what a personal injury lawyer might be able to do for you? Many have, and many more should be looking into this kind of thing. If you have sustained an injury through no fault of your own, you may have a claim to be made for compensation. Injuries are not something that should just be brushed over.
A personal injury lawyer can help you with these cases and are able to provide the following benefits.
Consulting- Lawyers are best known for giving advice to their clients. They are able to offer solid advice about legal matters that people may have questions about. It is an important function for them because there are so many questions out there, and quite often fewer answers. Having a personal injury lawyer around who can answer some of these questions is critical to getting things moving in the right direction.
Offer Emotional Support- You may not believe it, but attorneys can have big hearts too. They do not look at their clients simply as ways to make money. They truly do feel sorry for these people for the predicament that they are in. During the times that follow a personal injury, it can be difficult to deal with certain things emotionally. Lawyers can often be someone to talk to about these important issues. Even if they do not deal with this directly, they can at least offer references to places that you might be able to find the support that you are looking for.
Serving As Your Advocate- The biggest and most important role that a lawyer plays is serving as your advocate in court. They work to make sure that you are fairly represented and get everything that you deserve out of the court proceedings. This is a nice thing to have around because you do not want to get run over in the courtroom. There are some people who do indeed have this happen to them, and it is a very unfortunate thing. If you allow your lawyer to work for you doing what they do, then there is a far lower chance of this happening.
These are just three of the things that a lawyer is able to offer you. They are so great at what they do, and there is little to compare them to in terms of the amount of support they offer. You would be foolish to turn down the opportunity to use the services of a lawyer that you really trust. They do not get paid unless you get paid, so you do not have to worry about not being able to afford one.
The monetary benefits of hiring a personal injury lawyer to get the justice you deserve to you are great. Make sure you take that into consideration when thinking about hiring a lawyer. There are few other things in life that are so important both to your financial health and to the justice system in general. That is why you must make the move to get yourself an advocate today.
