If you are trapped with the questions like:
1. If I assert a UM/UIM claim, will my insurance company automatically pay the claim?
2. How much UM/UIM insurance should I purchase?
3. If my insurance company denies my claim, what can I do?
4. Can I settle my car accident case without hiring a lawyer?
Then we, Gilstrap & Harmonson, P.C. Law Firm, have answers of these.
1. If you assert a UM/UIM claim, your insurance company will not pay the claim automatically. Even your own insurance company may assert defenses against the claim including disputing your injuries and medical treatment. If they do this, you may have a bad faith claim against your insurance company. Both Texas and New Mexico have specific statutory provisions dealing with unfair insurance practices. In addition, the common law imposes a duty of good faith and fair dealing on an insurance company when dealing with its insured.
2. Like PIP, you should buy the highest amount of UM/UIM insurance to offer the most protection if you are involved in auto accident with a hit and run driver or driver with no or small amounts of liability insurance.
3. If your insurance company denies your claim, you may be able to file suit against your insurance company for violations of the Insurance Code, the Consumer Protection Act, for breach of contract and/or for breach of the duty of good faith and fair dealing. The El Paso Personal Injury Lawyers at Gilstrap & Harmonson have experience suing the insurance companies of our clients in Texas and New Mexico for these bad faith claims.
4. If you are in a very minor car accident with minimal medical bills and injuries, it may not be necessary to hire an attorney to settle your claim. Beware that the insurance adjuster is not on your side and will take every measure to compromise your claim for bottom dollar. If you are injured in an accident requiring follow up visits to a doctor, it is advisable to hire a car accident lawyer.
A car accident lawyer has experience negotiating with the insurance companies and can address all of the legal issues involved in a car accident, including addressing liability and damages, finding all applicable insurance coverage, including PIP and UM/UIM and addressing subrogation and lien claims by healthcare providers, the government and your insurance company.
The somekeyword at Gilstrap & Harmonson are happy to discuss your case with you free of charge. If we decide to take your case, we will only charge a fee if you recover. Call today at (915) 581-0020 to set up an appointment.
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