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.
After purchasing a building in 1994, a Houston man known as Davis, found himself in a horrible bind after realizing that his roof had sustained damages from natural causes.
When Davis originally purchased the building, he knew that the roof was composed of asphalt and a rubber material, but he didn’t know the exact age of the roof nor did he find a need to replace it. Naturally, Davis purchased an insurance policy to ensure the coverage of any future damages.
Davis was running his business from the building, and living there as well, which further cemented his need for insurance on the property. National Lloyds Insurance Company (Lloyds) insured his property against wind, fire, and hail.
Unfortunately, Davis’ policy did not cover rain damages “unless the building or structure first sustains wind or hail damage to its roof or walls through which the rain [can enter]”. The policy also stated that it would “determine the value of the covered property in the event of loss or damage ... [at] actual cash value as of the time of loss or damage”.
Optional coverages were offered, including replacement cost value coverage that Davis declined. The policy had a $3,700 deductible for building damage and a $2,500 deductible for damages to the building’s contents.
Houston was struck by Hurricane Rita in 2005 and many individuals suffered property damage - including Davis. He immediately noticed roof leaks right after the storm and decided to file a claim, which was unfortunately denied.
Davis had no other choice, but to use out of pocket money to hire a contractor to repair the building to its original state. The work performed put a pause on the leakage, until 2008, when Houston underwent another natural catastrophe - Hurricane Ike.
The roof once again began to leak and the property underwent other damages to a shingled area and an AC unit. Again, a Lloyds adjuster inspected the damages, but only valued them at $1,825, ensuring no payment was to be made to Davis.
Luckily, a public adjuster made an additional inspection, and this time, asserted that the property had incurred damages directly caused by Hurricane Ike and that they were above Davis’s $3,700 deductible.
Davis ultimately filed a lawsuit and alleged a breach of contract, violation of the Texas insurance code, and breach of good faith and fair dealing. When both parties were at trial, plenty of disagreements arose in regards to what evidence showed was the cause of the roof leakage.
Lloyds’ experts concluded that the roof was old and had previously shown a leakage issue in 1997. Both parties also disagreed on the cost of repairs.
Experts who represented Davis asserted that $108,038.75 was owed in repair cost, while Lloyds’ experts argued that the price was inaccurate and did not differentiate between covered damages from non-covered damages.
Lamentably, the court concluded that Davis’ policy only covered cash value, which the jury determined was below the deductible. Although it was a fact that the condition of the roof was defective and needed to be replaced, Davis’ policy only covered damages done by hail and wind.
The trial court also concluded that the insurer could not be liable for bad faith since no payment was liable under the terms of the insurance contract.
Are you struggling to receive your fair share of compensation? Is your insurance company claiming your policy didn’t cover damages by arguing about unclear language? The tough team of attorneys at Millin & Millin have fought for the rights of a multitude of individuals. Call us today for a free case evaluation at (956) 631-5600.
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.
