Motorist Insurance Claims

Texas Insured and Uninsured Motorist Accident Claims

If you have been injured in an accident caused by a driver with little or no insurance, we are here to help. A motorist insurance claim can be successful if you consult an experienced attorney.

Insurance Claim

If you’re involved in a car accident with a driver who doesn’t have enough insurance to cover your damages or, worse, a hit and run, you’ll have to turn to your own insurance for compensation. Depending on your specific insurance policy, you may have coverage for damages caused by an accident with an uninsured or underinsured motorist.

However, even if your insurance policy has the right kind of coverage to compensate you for the damages caused by an uninsured or underinsured motorist, you can’t always count on your insurance company to pay you what you are owed for your claim. Although your insurance company promises to protect its customers, you may find yourself fighting them to secure the compensation to which you’re entitled. 

 

Uninsured drivers in Texas, understanding the problem

In the state of Texas, when a motorist collides with another vehicle, they are legally responsible for any damages that ensue. Because of this rule, the Lone Star State mandates that all drivers must carry an auto insurance policy with the following minimum limits:
  • Bodily injury coverage of $30,000 per person
  • Bodily injury coverage of $60,000 per accident
  • Property damage coverage of $25,000 per accident
Those who drive without insurance in Texas can face fines and have their license suspended. Nevertheless, the experts at the Insurance Information Institute estimate that around 14.1 percent of drivers in the Lone Star State are not insured.

If you need our help and immediate assistance, call us toll-free

The Houston injury attorneys at Labinoti Law Firm work to help clients injured in accidents with uninsured and underinsured drivers. Talk to us today about what we can do for you, and how we can help you with the claims process and help you get the compensation you are owed.

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Bad-Faith Insurance Lawsuits in Texas

Texas is among the majority of states whose courts have held that UM insurance carriers have a duty of good faith to their policyholders in settling and handling UM claims. When that duty is breached, the recovery of damages and other types of relief are permitted. If your insurance company fails to handle your UM or UIM claim in good faith, you may be entitled to damages that exceed the policy limits.

Contact a Texas Uninsured or Underinsured Car Accident Lawyer Today

At Labinoti Law Firm our job is to ensure that your rights are protected and to help you obtain the compensation you deserve for your injuries and damages. This includes making sure you get all the compensation you are entitled to under your UM/UIM coverage.

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Reckless Conduct

Reckless Conduct and Road Rage

A driver may also be found liable for an accident due to his or her intentional or reckless conduct or for his or her failure to act in accord with a reasonable driver under the same circumstances.

A driver who is reckless is one who operates his vehicle with “willful and wanton disregard” for the rights and well being of others. A driver can be found reckless, for example, if he or she drives in a threatening or harassing manner out of “road rage” and causes an accident.

The concept of “Road Rage” is defined as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway.”

Statistics compiled by NHTSA show that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families.

Texas Law Enforcement Agencies are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate and engage in other dangerous driving practices.

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Defective Products

Accidents Caused By Defective Products​

In some cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an accident may occur due to a defect. In some auto accident cases, the loss is caused by a product defect. In such cases, an automobile manufacturer or a supplier can be held responsible for injuries caused by a defect in the automobile under the law of product liability.

A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.

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Accidents Caused By Highway Defects

Poorly maintained roads and/or malfunctioning traffic control signals can also contribute to cause an accident as well. Sometimes improper designs, maintenance issues, construction issues, signage issues, lighting issues or other highway defect issues, including poorly placed trees and utility poles, can cause serious or even deadly accidents. In cases such as this the road construction company or even the State can be held responsible. Special rules apply to claims and lawsuits brought against governmental entities. Call our Law Firm, good legal advice is critical to preserving and winning such claims.

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Drunk Driver

Accidents Caused by Drunk Drivers

It is unfortunate, but every day across the State of Texas drunk drivers are killing and injuring Texans. In our opinion drunk drivers should be punished for killing and injuring innocent victims. It is important to understand that the victim and/or his family have the right to make a claim for actual damages and punitive damages.

In addition to the intoxicated driver being held liable for the personal injuries he or she caused, a bar or night club can also be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability.

Our experienced personal injury attorneys know the laws governing legal responsibility and can help you identify who might be held responsible for your injuries, including people or businesses you may not have considered.

Every ½ hour, someone in this country dies in an alcohol-related accident or crash. Last year alone, over one million people were injured in alcohol-related accidents.

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Establishing Liability​

Establishing Liability

As with most liability claims, determining who is at fault in a traffic accident is determining who was negligent. Fault issues can be complicated. Call our Law Firm we can help. Our experienced attorneys will help you determine who was at fault. We will obtain the police report on your loss, review the traffic laws and interview witnesses in order to determine who was at fault for your accident.
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