Why You May Need an Attorney Before Filing A UM/UIM Claim

Texas auto insurance policyholders should always ensure they have UM/UIM (uninsured/underinsured motorist) coverage. Although Texas insurance companies are required to offer UM/UIM coverage, policyholders can reject it in writing. UM/UIM coverage can protect you in the event an uninsured or underinsured motorist hits your vehicle and causes physical and/or property damage. However, there are nuances to Texas UM/UIM coverage that make contacting an attorney critical before filing claims. As a policyholder, you may run into difficulties filing a UM/UIM claim. In late 2006, the Texas Supreme Court held in Brainard v. Trinity Universal Insurance Company that insurance companies are under no contractual obligation to pay UM/UIM claims until policyholders obtain judgments establishing the liability of UM/UIM motorists and the amount of damages. So basically, purchasing a UM/UIM policy merely gives you the right to sue your insurance company and recover if you win in court. We can use a hypothetical scenario to further summarize Brainard v. Trinity Universal Insurance Company.

Jill’s Story: Why Filing a UM/UIM Claim Can Be Difficult

Jill is a single mother and business owner with UM/UIM coverage on her Texas auto insurance policy. One day, Jill is driving home from her mother’s house along East Denman Avenue when a distracted driver runs through an intersection and collides with her vehicle. During the course of the accident, Jill breaks her arm and several fingers. To make matters worse, her car is totaled. Police arrive on the scene, file a report, and discover that the driver responsible for the wreck has no insurance coverage. Jill is brought to the hospital and undergoes treatment for her injuries. During her brief stay at the hospital, Jill had been in contact with her insurance company. She had filed a UM claim but, upon returning home, discovered it had been denied. Jill’s insurance company claimed she was not entitled to coverage until she proved in court that the other driver was both at fault and uninsured, and that all her damages were caused by the accident. Due to owning a business and recovering from serious injuries, there is no feasible way Jill has the time to put the evidence together necessary to prove her case. Given her circumstances, Jill realizes she must hire an attorney. After researching the accident, Jill’s attorney can prove that the driver responsible for the wreck was texting at the time of the crash. In addition, her attorney demonstrates that the driver had no insurance coverage. By working with her health care providers, Jill’s attorney secures the records and testimony needed to establish the total amount of damages Jill has suffered as a result of this accident.  Upon presenting this evidence to Jill’s UM insurance carrier, the insurance adjuster realizes that Jill will prevail at trial, so the company agrees to pay her without wasting time and money in court. More could be said about Jill’s story and why it is essential to hire an attorney after an accident. Many possible scenarios can surprise people injured in accidents. Hiring an attorney is the best way to fight back against these possible scenarios before they can cause financial ruin. The Texas personal injury attorneys at Mike Love & Associates, LLC can review your auto policy at no cost.

Emotional Civil Trial Over Scaffold Collapse

On April 8, Travis County District Judge Scott Jenkins heard final arguments in a civil trial involving a construction accident, which led to the wrongful death of three workers.  The scaffold collapse occurred on the University of Texas’s west campus in Austin, where the workers were erecting a condominium. A scaffold collapse led to the death of the workers. The widow of deceased worker Raudel Ramirez Cervitos, as well as the two children he left behind, traveled from Mexico to attend the trial.  The mother of the deceased worker, Joel Irias Cervitos, made the trip from Honduras to attend. Judge Jenkins offered his condolences to the victim’s family members and mentioned losing a son of his own three years ago.  Jenkins and the family members began to tear up in the emotional closing arguments.“The one thing that helped us heal is to love, is to love more,” Jenkins said. “I hope you’re able to do that.”Lawyers representing the families of the victims argue that the scaffold—which American Mast Climber designed—was built without an inspection from a safety engineer. Investigators determined that a rusty bolt had failed on the scaffold before its collapse in the construction accident. Greater Metroplex Interiors was the other third-party company contracted to work on the construction project. American Mast Climber claims that Greater Metroplex Interiors misused the scaffolding.  Greater Metroplex Interiors and another third-party company working on the project, Andres Construction, agreed to a $2.8 million settlement with the families.