While insurance companies are obligated to compensate victims of drunk driving accidents, there have been instances where they attempt to avoid paying out by placing blame solely on the driver.
For instance, one agency attempted to classify a drunk driving accident as intentional in order to avoid paying the verdict. The insurer argued that because the driver chose to drink and drive, it was as if they were acting intentionally, which is not covered in their policy and thus they were not liable for damages.
The victim of the accident was forced to sue the insurance company as a result. Thankfully, the court ridiculed the logic of the insurance company and forced them to pay out to the victim.
This case was of great value to Texas drivers who have been injured in auto accidents caused by drunk drivers and who are having issues with the negligent party’s insurance company. You DO NOT have to deal with insurance company’s acting in bad faith when you have suffered a severe personal injury as the result of another party’s carelessness. Let the insurance claim lawyers of Millin & Millin help right the wrongs done against you.
In order to recover compensation for the damages and injuries you have suffered, you will need to file a claim against the drunk driver’s insurance provider. Unfortunately, this is often easier said than done.
Insurance companies - especially those acting in bad faith - may attempt to delay your claim in order to either frustrate you into taking a minimized settlement or in order to stretch the claim out until it has passed the statute of limitations.
In the State of Texas, individuals have two (2) years from the date they were injured in order to file a personal injury claim against the responsible party.
This means that you should seek out quality legal counseling immediately after you have suffered your catastrophe. Not only is it necessary so that you can file your claim within the proper time frame, but also so that you can also fight back against insurance company who is unlawfully denying or slowing down the claims process.
Whether you are misinformed by the negligent party’s insurance provider or if you simply do not know your rights, please be aware that the drunk driver does not have to be charged or found guilty of criminal activity in order for you to file a civil claim.
Whether or not the driver is found guilty of a DWI charge, you can still pursue a personal injury claim. Your attorney will need to provide evidence, however, that the driver was responsible for the accident - and simply using the DWI charge is not valid enough. Instead, your attorney will have to rely on the facts of the situation and focus on the exact cause, such as speeding or running a red light, in order to prove that the driver was responsible for your injuries.
A dependable attorney will thoroughly investigate the claim in order to recover compensation for your damages.
What Will the Insurance Company Cover After a Drunk Driving Accident?
Depending on the specific circumstances of your accident and the amount of coverage the liable driver has available, then you may be able to receive compensation to help cover but not limited to:
It is important to note that (1) if the driver only has minimum coverage then you may need to seek restitution through another manner and (2) you will only be able to receive compensation up to the policy limits of the insurance company.
Is the insurance company of the responsible driver trying to deny your claim or place liability strictly on the driver? This is known as bad faith and you have the right to seek justice against this type of illegal business tactics.
Suffering from a serious accident and having to make an insurance claim can be scary and frustrating. Sadly, many insurance companies will not make it any easier on you and may make you jump through hoops just to receive the coverage that is rightfully yours.
Do NOT accept this type of behavior.
The past few years have seen a few devastating hurricanes cause massive amounts of damage to Texas’ coastal region. While we here in the Rio Grande Valley have been fortunate to avoid any catastrophes, the reality is that a major storm can eventually hit our region.
That’s why being prepared this hurricane season is so important.
You not only want to have a plan in order to protect yourself and your loved ones, but you also want to make sure that you have the right insurance coverages in place so that you don’t have to handle the costs of hurricane damages all on your own.
Let the dedicated bad faith insurance claim attorneys of Millin & Millin provide you some tips that can help to minimize any storm damages while also giving you insight into additional insurance policies you may need to purchase.
Before a hurricane or tropical storm hit, you’ll want to take the proper steps to protect your home and property.
a. Inspect your roof for any damages such as leaks, loose or missing shingles, cracks, or other signs of roof damage that could become a major issue should a hurricane strike. Get it fixed as soon as possible.
b. Double check that your windows and doors are properly sealed with caulking.
c. Check your home’s gutters and drains for any damages that can lead to water leaking into your home.
d. Clean up your yard including trimming loose branches and placing loose objects into a storage room or home.
If a storm is definitely going to hit the region, you’ll want to protect your windows by using plywood or having storm shutters installed if possible.
Alongside physically preparing your home for a storm, you’ll want to make sure you have the right insurance coverage.
Many homeowners do not know exactly what their insurance covers and this can lead to a world of financial trouble if they aren’t careful.
Generally speaking, home insurance policies typically do not cover flooding and certain other damages that can occur if you live in an area prone to hurricanes, tropical depressions, or floodings. To ensure you are fully protected, start investigating as to whether or not you will need:
While we hope that our region will be able to avoid any major storms this hurricane season, we also want to ensure that the people of the Rio Grande Valley are fully prepared. Should your home suffer severe damage caused by a storm and you cannot secure the coverage to you, do NOT hesitate to contact the experienced insurance claim attorneys of Millin & Millin.
The 2017 hurricane season was the most expensive in U.S. history, causing over $200 billion in damages. This was especially true of Harvey in Texas.
As a business owner in the Rio Grande Valley, your business is much more susceptible to flooding, hurricane damages, and other weather-related damages. While commercial property insurance will help to cover physical damages to your business, Business Interruption Insurance (also known as Business Income Insurance) helps to cover expenses and lost income that come as a result of the disaster.
With the 2018 hurricane season underway, now is the time to consider purchasing Business Interruption Insurance. If you are unfamiliar with how it can protect your business after a major catastrophe, your bad faith insurance claim lawyers at Millin & Millin would like to inform you about how it can be the protection you need to save your business.
Please consider the following information.
Business interruption insurance is an additional rider that you can purchase from your commercial property insurance provider or other specialized agency. There are various types of this insurance which cover a variety of different situations and damages including:
Extended and contingent coverages can be purchased as additional riders of regular business interruption insurance.
What your policy covers is dependent on the business assets that you want to protect. Every policy will be unique to a business owner’s specific needs. As always, it is important that you read through the policy and have a solid understanding of the coverage.
Generally, business interruption insurance can cover and protect:
Coverage is triggered when an incident - as specified by the contract - causes damage to your business and extends for however long as determined by the policy. Please be aware that business interruption insurance is limited and any losses that exceed those limits are the responsibility of the business owner(s).
There are a number of factors that play into the amount of coverage your business needs. Consider the following when determining what level of coverage you may need:
In an area like the Rio Grande Valley, which can experience a major disaster like a hurricane, it is important to have coverage that will protect your business for more than a few days.
However, even with the right commercial property insurances in place, your insurer may attempt to underpay or outright deny a valid claim. When this happens, don’t allow bad faith insurance tactics to derail you or your business. Depend on the responsiveness of the bad faith insurance legal team of Millin & Millin to get you the justice you deserve when seeking your rightful compensation after a natural disaster like a hurricane.
Contact us today at (956) 631-5600 to get the legal representation you need. Millin & Millin serves the greater McAllen metro area and the whole Rio Grande Valley.
Summer offers perfect weather for poolside entertainment. This is especially true here in the Greater McAllen metro area where temperatures can soar into the 100s.
There’s nothing quite like spending a blazing afternoon cooling off in your very own pool or with friends at the local water park. But it is absolutely vital for parents and adults to recognize the risks and hazards associated with pools.
PoolSafely.gov recorded that between 2011-2013 there were over 4,900 pool and spa-related injuries and drownings among children 1-14 years old. Also, more than 50% of drowning victims treated in emergency departments required hospitalization or transfer for further care.
Diving injuries also pose a significant risk to children and adults alike. In more than half of all diving accidents, alcohol use was involved. Additionally, 57.2% of all swimming pool diving accidents occur in water four feet deep or shallower according to “Review of Spinal Cord Injury Statistics Related to Diving and Diving Board Use” from the American Institutes for Research.
The attorneys at Millin & Millin understand that sometimes accidents happen, but the best way to avoid them is to recognize when and how they can occur. Being informed about the most frequent pool accidents that cause serious injury can help you to prevent them before it is too late.
Some of the most common pool accidents include:
Sadly, the Center for Disease Control and Prevention has reported that one in five people who die from drowning are children 14 and younger, with drowning the number one cause of unintentional death in this age group. Even in non-fatal drownings, injuries can cause severe brain damage that can lead to long-term mental health issues. When around pools, parents should never leave a child unsupervised and should provide them adequate safety equipment. Awareness is the first step in safety.
Pool and spa areas pose a high risk of slip and fall incidents, understandably, because the water creates slippery conditions. When coupled with rock-solid cement, slip and fall accidents can lead to some truly serious personal injuries. But a few simple safety precautions can help to lessen the likelihood of a slip and fall accident at a private or public pool including:
Among males, diving ranks fourth in leading causes of spinal cord injuries and fifth for females.
Every year thousands of adolescents are taken to the emergency room because of diving-related injuries, with the majority being caused by headfirst dives. This is especially alarming as roughly 80% of these incidents occur in pools that were 4-feet or shallower - clearly preventable accidents.
While many of these incidents occur in pools, it’s also important to consider that diving injuries can also take place in lakes, rivers, or any other body of water that is used for recreational swimming.
Supervision is the key element to ensuring that a diving injury does not occur to your child or loved one. It is also recommended diving is first attempted with the swimmer’s feet facing downward so that their proximity to the bottom of the pool can be gauged.
Beyond horse playing and dangerous diving attempts, other potential sources of personal injury include product injuries and circulation entrapment.
Entrapment can occur when a swimmer is trapped by the suction of a drain in a pool or spa. If a swimmer’s clothing or jewelry is accidentally caught into the drainage system of the pool, the suction can cause accidental drowning or other serious injuries.
Some ill-designed products can also increase the risk of drowning and cause cases of entrapment as well. Pool cleaning equipment and other products may wrap themselves around the appendages of a swimmer and keep them submerged causing injury.
In these situations, the best preventative measures include:
But accidents happen.
If you are having to file a personal injury insurance claim, it’s likely due to the fact that you or a loved one suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.
After filing an insurance claim, most families will expect their insurer to act in good faith. As a policyholder, it’s natural to expect the process to work in your favor, especially when you have maintained a solid payment record. When an individual has been involved in a situation that affects their way of life, compensation may be needed immediately to diminish unexpected financial burdens.
Unfortunately, insurance companies do not always act in the best interests of their policyholders, and they use bad faith techniques to diminish the payout or completely reject the claim on illegal grounds.
The bad faith insurance lawyers of Millin & Millin want to ensure that you have the necessary knowledge to protect yourself from the unacceptable actions of your insurer. What follows are some of the most frequently asked questions about insurance bad faith.
The team of attorneys at Millin & Millin have the experience, knowledge, and ability to represent individuals, businesses, and property owners in the Rio Grande Valley against all the major insurance companies. Millin & Millin has secured tens of millions of dollars in unpaid benefits for clients. From health, life, home, and auto, our attorneys are effective and swift.
Contact us today at (956) 631-5600 for a free case evaluation and to find out how we can help you with your bad faith insurance claim.
During the holiday season, accidental fires tend to occur more frequently because of various reasons: Christmas trees catching ablaze, bad wiring on Christmas lights igniting, electric blankets malfunctioning, or electrical space heaters being placed too close to fire hazards.
When a family faces a catastrophic event like a house fire, the stress added on by insurance companies acting in bad faith can be downright deplorable. In the aftermath of such a misfortune, your family will expect to file an insurance claim and quickly receive compensation for the damage done to their home - this isn’t always the case.
The attorney’s of Millin & Millin are here to help you fight against insurers who are acting in bad faith and making it hard to receive payout for your legitimate home fire claim. It’s important to realize that it is not uncommon that insurers practice in bad faith, but also that you can oppose their illegitimate denials.
If you should find yourself filing a fire insurance claim, then pay attention to some of the common warning signs that your insurer is seeking to act in bad faith. By being familiar with these tactics used by insurance companies, you can know when it’s time to challenge them.
[bctt tweet="Fire insurance claim? Bad faith insurer? Millin & Millin will fight for you. #bad #faith #tactics #MillinMillin #mcallen #fire #claim" via="no"]
Tactic #1 - Your insurer will claim that you do not have an active policy.
One of the first bad faith tactics that insurers will resort to, this sort of behavior generally means they are looking to deny your claim. This type of practice is known as post-claim underwriting and includes insurers alleging that you missed a payment or did not renew your policy when it expired.
As a policyholder, you need to remember that:
In these sorts of scenarios, you’ll have to prove that you do indeed have an active policy. Bank statements showing timely monthly payments can be a crucial piece of evidence.
Tactic #2 - Your insurer says you policy doesn’t cover fire damage.
Insurers may claim that while you do have an active policy with them, it does not specifically cover damage associated with a fire claim. That’s why it is essential that at the time of purchase, you have a clear understanding that coverage does indeed extend to fire claims. You’ll also want to read through the insurance policy to make sure that fire damage protection is mentioned.
If your policy does cover the damage mentioned in the claim, then you’ll likely need the support of an experienced legal team to help you fight the insurer’s bad faith tactics. Millin & Millin can help you get the full compensation that you legally deserve.
[bctt tweet="Bad Faith Tactic #2 - Your insurer says you policy doesn’t cover fire damage. #fight" via="no"]
Tactic #3 - The insurance adjuster is dragging out the investigation.
After any insurance claim, an insurance company will utilize their own adjusters to investigate. In the case of a fire, adjusters will usually determine:
While these investigations can generally take some time to complete (especially when other parties are involved), the decision on your claim should occur within a reasonable timeframe. In the state of Texas, the acknowledgment must come within 15 days, and approval or denial of the claim within 15 days after receipt of all requested information. The insurance company has the option of extending the time for up to 45 days if it offers an explanation for the extension.
If you have not received any information, or a claim approval or denial in a timely manner, then this can be a red flag that the insurer is purposely prolonging the investigation to frustrate you into accepting a settlement that is far less than the claim is actually worth.
Tactic #4 - Placing blame on you.
During the investigation, the insurance adjuster should be able to find a reasonable cause for the fire. However, your insurance company may attempt to claim your negligence caused the accident or damage.
If your fire insurance claim is denied on this basis, it is vital that you hire a lawyer that can defend your rights and challenge the insurer. In the case of a fire, there are often a number of parties (including fire departments, police departments, and public adjusters) that can provide evidence on your behalf. An effective law team can ensure that you receive this assistance and will guide you through the process to help you obtain the full amount you are entitled to.
[bctt tweet="Bad Faith Tactic #4 - Placing blame on you. #not #your #fault" via="no"]
Tactic #5 - Your insurer claims damage mentioned in the claim predated the fire.
An insurer may use this bad faith practice to allege that some (or even all) of the damage existed prior to the fire. By using this tactic, your insurer is attempting to avoid paying your claim in its entirety.
In order to effectively oppose this, it is vital to keep insurance logs and home maintenance records. It’s always a good idea to take pictures of your home’s structure, so as to have evidence of how the house looked prior to sustaining any natural or accidental damages.
Even the most vigilant, safest family has accidents. If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the Millin & Millin legal team to get the justice you deserve. Contact us today at (956) 631-5600 to get the legal representation you need to fight for your rights.
The holiday season is one of the most joyful times of the year; there’s family, friends, food, and a festive spirit that makes the whole time of the year seem like one giant celebration. However, a day of celebration can quickly turn into a moment of tragedy, especially if you or a loved one are involved in an auto accident.
Whether traveling to visit family, or simply enjoying the evening at a friend’s holiday celebration, it’s important to remain diligent on the road. Unfortunately, during the holiday season, 2 to 3 times more people die in alcohol-related crashes, with 40% of traffic fatalities involving a driver impaired by alcohol. There are, however, a few things that you can do in order to improve your safety and that of your family’s as well.
Tips for Traveling Out-of-Town
The safety of you and your family should be number one on your list this year as you travel to-and-fro to visit relatives. Stay safe with these tips:
Maintain Good Driving Techniques During the Holidays
While the holiday season is a time of joy and relaxation for many, it can also be quite chaotic and frenzied because of all the traveling and holiday shopping that takes place. While it’s easy to get flustered by all the aggressive drivers, make sure to maintain good driving techniques yourself. Follow these good driving techniques to ensure safe travel:
Safety Tips for that Holiday Party
Holiday parties usually include a bit of alcohol. Sadly, The National Institute of Alcohol Abuse and Addiction states that between Thanksgiving and New Year’s Day, 1200 people will be killed and 25000 will be injured in traffic accidents caused by alcohol. Consider the following safety tips to enjoy time with your friends and family and get home safely.
You don’t have to be drunk to be affected by alcohol. You may feel normal, but nobody drives well after a drink.
The winter holidays are some of the best days of the year because we get to enjoy time with our loved ones in a festive environment. That why our lawyers at Millin & Millin want you to share this information with friends and family to ensure you stay safe during these busy days.
However, if you are involved in an auto accident, and are dealing with bad faith practices from your insurer, then do not hesitate to contact us at (956) 631-5600.
Although the fraudulent acts of an insurance company can be subject to penalty and are a direct violation of a state’s insurance code, insurers persist in taking part in these malpractices to retain financial stability.
The individuals who continue to be a target of these violations are its policy holders and have had to face unlawful circumstances, especially when they have found themselves filing a claim for a situation that requires financial attention.
But who exactly is educating insurers on unethical tactics and entertaining the wrongdoing of policyholders?
Were you a victim of bad faith insurance practices? Let the team at Millin and Millin represent your bad faith case and bring you the compensation that is owed to you.
Give us a call for a free case evaluation at 956 631 5600.
A published article by Bloomberg asserts that insurance companies are hiring consultants who develop strategical concepts that aid in their profit goals.
Allstate for example is one of many insurance companies benefiting from corporations such as Mckinsey and Company for effective management strategies.
In fact, after hiring Mckinsey and Company in 1992, Allstate learned concepts that improved the efficiency and profitability of the company.
Through court documentation, it was shown that Mckinsey would advise insurance companies to make low offers in the event of a consumer claim.
It was also noted that Mckinsey encouraged insurance companies to delay a settlement so that they had in their possession, more income for investments.
Although felonious and very anti-consumer, the services offered by McKinsey were unbelievably effective and did not go in vain.
After directly assisting Allstate in their mission for profit making, Allstate began to implement these practices and creating the desired change.
These transformations were directly seen in Allstate’s loss ratio; the ratio of claims paid.
In the 1990’s, the ratio was dropped from seventy-nine percent to fifty-eight percent in 2006.
This massive drop was undoubtedly per the recommendations offered by Mckinsey, and the direct reason for its profit increase and stock value.
Bloomberg also asserted that Mckinsey’s advice generated drastic profit increases and Allstate was not the only company gaining financial benefit.
Farmers Insurance for example also engaged in these malpractices and gained an increase of 4.8 billion dollars.
The source detailed that Mckinsey suggested insurers to train their representatives to make very low claim offers in return for merchandise and financial bonuses.
Insurance representatives were counseled to lie to policyholders and have them believe that they were fully covered, but offered only thirty to sixty percent, when claimants filed for a damaged property.
With so much corruption between insurers and organizations who can care less about the people who are negatively being affected, it’s hard not to wonder if consulting firms are also responsible for the close relationships between insurers and insurance commissioners.
‘Tis the season to be jolly, but if you’re unfortunate, the holiday season can also mean personal injury. Every year, thousands of people end up in the hospital because of holiday-related injuries. Whether you’re putting up lights, hanging wreaths, preparing a festive meal, traveling, or just working in wintry weather, you’ll want to be a little bit more cautious and patient, as one bad step can send you to the emergency room.
The attorneys at Millin & Millin, PLLC understand that sometimes accidents happen, but the best way to avoid them is to recognize what steps you can take to keep them from happening. So take into account the following holiday safety tips to ensure you and your family enjoy a safe and cheerful holiday season.
One of the most commonly reported decorating injuries involves slipping and falling.
With thousands climbing up on roofs and ladders to decorate houses and Christmas trees, it’s no wonder that we sees hundreds of slip and fall injuries during the holiday season. Consider the following safety tips to avoid a horrible accident:
Don’t let holiday travel dampen your holiday cheer.
Traveling means lifting and carrying baggage, but you’ll want to be extra mindful of your body to avoid common neck, back, and shoulder injuries. In fact, these injuries are so common that the Consumer Product Safety Commission reported 75,543 luggage-related injuries in 2013. So as you travel to visit loved ones consider the following tips:
Be careful when carving.
Turkey, ham, roast, and pies are all delicious holiday traditions, but they also require knife safety. The American Society for Surgery of Hands reports that hand lacerations are one of the leading causes of holiday injuries, so be wary and take care of those free fingers to avoid a carving injury. Here are some simple tips to remember:
An electrical shock is not the holiday surprise you need.
Electrical accidents are common during the holiday season because of the use of Christmas lights. Overloaded outlets and frayed wires can have horrific consequences on an unsuspecting victim, so remember to use the following tips to avoid an electrical shock:
This time of year can be especially hectic with huge to-do-lists that cause safety measures to be overlooked, and even then, sometimes the safest families have accidents.
If you are having to file an insurance claim, it’s likely due to the fact that you just suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time. Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.
Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, the policyholder usually files an insurance claim immediately so that compensation can be granted and to diminish unexpected financial burdens.
Lamentably, policyholders face deeper issues when their insurer deceives them.
Although acting in bad faith, or implementing unfair practices in a valid claim, is out of compliance with the Texas Insurance Code, insurance companies sometimes prefer to not fulfill contractual obligations for their own advantage.
Are you currently dealing with a bad faith insurance situation?
Let the attorneys at Millin and Millin represent your case.
Although insurance companies are responsible for bad faith practices, insurance adjusters also play a role in this wrongful behavior. Adjusters have the responsibility of processing and properly investigating a claim, developing reasons why a claim should be denied, and figuring out whether the policyholder was at fault in a given incident.
In most cases, adjusters will spend hours investigating and trying to find details and evidence that can aid in denying a claim. These acts help adjusters implement claim evaluation techniques that can have a negative effect on a policyholder’s claim.
Courts around the nation have concluded that an insurance company must have systems that their adjusters can depend on when evaluating a claim. Although a bad faith act should never be a company standard, nobody truly knows exactly how insurance companies operate, so it’s difficult to get a full disclosure of what happens behind closed doors. There are, however, recognized tactics that are utilized by insurance companies.
Below is a list of examples that can aid in identifying a bad faith act:
There are certain steps that can be taken if you believe that your insurance company is acting in bad faith. Those include contacting the adjuster’s supervisor or taking legal action in an attempt to recover what is owed to you.
Most people begin by gathering all the facts and vital proof that can be used to back up their assertion. It is also advisable that claimants keep their cool when attempting to contact a supervisor about the matter; cooler heads prevail and will help you to receive the attention of a higher authority rather than being disregarded as a vexed claimant.
After your conversation, stay in contact, and following up as needed. Make sure that you send a certified letter to both the supervisor and a copy to the adjuster. Summarize all the elements that were discussed by phone and add an additional paragraph that details why you believe your adjuster acted in bad faith.
Conclude by saying that you are hopeful that both the insurance company and adjuster will begin a fair negotiation of your claim and that you will seek legal representation if the situation does not change.
If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin. Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.
Contact us at (956) 631-5600 for a free consultation.
