I was recently hired by a woman who was run off the road when an 18 wheeler suddenly moved into her lane. She was able to avoid getting hit by the truck, but she lost control of her vehicle, drove off the road, and did a complete flip before coming to a stop in a field.
My client and her grandson were rushed by ambulance to the local hospital for treatment of their injuries. They are currently being treated by a doctor and one may require surgery.
On the surface, this should have a pretty routine case: clear liability, significant property damage, and medical bills to date of $10,000.00. But as is often the case with 18 wheeler wrecks, things weren’t as simple as they should be.
The first problem was getting a police report to find the insurance company for the truck. Because the wreck was in a remote part of west Texas, the Texas Highway Patrol investigated and it took them more than two weeks to finish the report. When it was finally ready, I had one of my assistants drive to Hurst to pick it up within the hour.
Unfortunately, the insurance company listed on the report was not correct, but after several phone calls, I did get to the right company. After my staff set up the claim, we thought we were okay, but then we got an e-mail saying that the tractor (the front part of the 18-wheeler) was not insured by that company.
We chased down a different company, which denied coverage.
Sadly, my client did not carry rental coverage or collision coverage on her policy, and because there was no impact between the vehicles, she could not file on her Uninsured Motorist coverage.
She was starting to think that there was not going to be any insurance coverage, and she was going to be left with all of her bills unpaid and no car. She was ready to give up. I was not. I told her that I always go the distance for my clients and was going to make sure she was compensated.
By the time we got the denial from the carrier, the adjuster at the first company had gone out of town for the week. My staff left four unreturned phone messages for different people there. I finally got the adjuster’s supervisor’s manager on the phone, and he said it could be two or three more weeks before they could make a coverage and liability decision. It had been 40 days since the wreck, and I was tired of the way they were treating my client, so I prepared a lawsuit and mailed it to them with a letter advising that it it didn’t accept liability and pay for my client’s vehicle, I would file suit immediately.
Less than an hour after my letter was faxed, I got a phone call from the backup adjuster saying that not only was there coverage, but even before she could determine liability, she was willing to provide a rental car to my client. The next day, the company accepted liability.
If you want an attorney who really cares about his clients and doesn’t let insurance companies give clients the runaround, call my office today at 817-885-8000. I will take the time to get to know your case and make sure you get the maximum recovery.