You should make an informed decision about whether you’re capable of leading a strong lawsuit against anyone involved in your trucking accident.

Challenges to Weigh as You Consider Suing a Trucking Company or Their Insurer

Whether you’re suing an insurance company or a trucking company directly, you can expect to face resistance from both parties. As the person leading the claim or lawsuit, you may face more questions than you have answers for, and some of your primary challenges may include:

Getting Evidence From the Trucking Company

The liable trucking company may have some of the strongest evidence to use in your lawsuit. If you choose not to hire an attorney, you will need to secure the evidence on your own.

For example, you would have to draft and file a spoliation letter. This is the letter we would file demanding that the trucking company preserve all evidence related to your accident.

Overcoming Bad-Faith Tactics From the Insurance Company

The insurance company’s primary goal will be to avoid paying what it owes you. Tactics it may use to achieve this goal include:

• Misrepresenting the insurance policy to its advantage
• Claiming that you are responsible for your accident, and therefore the insurance company does not owe you compensation
• Undervaluing your accident-related losses
• Offering a less-than-fair settlement and pressuring you to accept it

Insurance companies have extensive experience dealing with claims and lawsuits—it is much of what these companies do daily. If you lack experience dealing with insurance companies, you may be at a disadvantage.

Drafting and Filing Legal Documents

Legal documents require precision, and the typical truck accident victim has little experience drafting and filing such paperwork. The slightest error could have devastating consequences for your case.

Protecting Your Mental Health Against the Stress of a Lawsuit

With a lawsuit, you’re engaged in a fight for compensation. It’s a legal battle that requires you to secure evidence, contact witnesses, and negotiate intelligently. Furthermore, you may have a limited window to make your case.

The stress that comes with a truck accident case can be overwhelming. If you’re already dealing with the mental health symptoms of a truck accident, it may be dangerous to accept additional stress by leading your truck accident claim.

Preserving Your Physical Health Amidst the Demands of a Lawsuit

The demands of your truck accident case could also prove detrimental to your physical health, worsening existing medical problems. You may develop new medical issues because of the toll you’re putting on your body and mind.

Negotiating Effectively With Attorneys and Insurance Representatives

Those you’re negotiating with may suspect that you’re not willing or able to lead your case at trial. This opinion may lead these parties to feel they have leverage and may prompt them to:

• Offer a lowball settlement
• Refuse to negotiate for a higher settlement amount
• Challenge you to accept the offer or take the case to trial

If you’re not willing to brave the challenges of a court case, you may decide to accept the lowball offer. With a lowball offer, it may not adequately cover damages from your truck accident.

Completing a Trial, If Necessary

Law firms are always willing to take their clients’ truck accident cases to trial. This is the only way to maintain leverage during settlement negotiations. If your case comes to it, would you be willing or able to complete a court case?

What Are the Benefits of Hiring a Lawyer to Sue an Insurance Company or Trucking Company for Me?

The National Safety Council (NSC) explains that trucks are overrepresented in fatal accidents, showing how a truck’s size and weight can cause catastrophic injuries. Most of our truck accident clients are fully occupied with their recoveries, and they are eager to have us handle their legal cases.

The benefits of hiring a truck accident lawyer to handle your lawsuit include:

• Financial support and protection: Our firm covers all case-related expenses, and you won’t pay us anything unless we win. Even if we do win, our fee comes from your financial recovery, not your pocket.
• Legal services: We handle every step of the legal process. All of the steps that may have been difficult for you to complete will be our responsibility.
• Legal experience: An attorney’s legal background can provide a strong footing for your case. Our team can anticipate and respond appropriately to every circumstance that arises, which is a direct benefit to you. 
• Expert services: We hire experts who can testify about liability, help value your damages, and generally improve your case.

It is difficult to quantify how much a lawyer can help with your case. From the legal experience to the experts, your case may benefit from a lawyer’s assistance. Just as importantly, you’ll be able to rest and recover, possibly protecting yourself from serious health issues.

Your Recoverable Damages Will Be Our Focus

A truck accident lawyer’s primary goal is securing the compensation their client deserves. Recoverable damages in a truck accident case may include:

• Pain and suffering
• Medical bills
• Lost income
• Diminished earning power
• Treatment for pain and suffering
• Property expenses (including vehicle repairs)

Our team also assists those who have lost a loved one in a fatal truck accident. We offer our sympathies if this describes you. We are standing by, ready to fight for the justice you deserve.

Call Loncar Lyon Jenkins Today for a Free Consultation About Your Truck Accident

There is a deadline for filing truck accident cases in Texas, so call as soon as possible. Our team cannot start work on your case until we hear from you. There are no costs or obligations to hire our firm, so there is no need to wait.

Call Loncar Lyon Jenkins today for your free consultation. Let the Strong Arm fight for the money you deserve.

The post Can You Sue a Trucking Company’s Insurance Company Without a Lawyer? appeared first on Loncar Lyon Jenkins.

However, you may be able to sue a liable party directly. Generally, this party will be the motorist who caused your accident. A Dallas car accident lawyer can help you prepare a lawsuit.

What Are the Minimum Auto Insurance Policy Limits in Texas?

Texas is an at-fault or tort insurance state for auto accidents. Thus, when a motorist causes an accident, their insurer must cover medical expenses and property damage for crash victims. 

Texas motorists must have a minimum amount of auto insurance coverage. Abiding by these coverage limits ensures victims get some compensation for injuries or property damage—even if the recovery doesn’t account for all accident-related damages. Per the Texas Department of Insurance (TDI), motorists in Texas must purchase this minimum coverage:

• $30,000 in liability coverage per person: This coverage applies to your accident-related medical costs from emergency transport and care, hospitalizations, and other medical services.
• $60,000 in liability coverage per accident: While the insurance company provides maximum medical coverage of $30,000 per person, that limit rises to $60,000 if multiple people suffer injuries. 
• $25,000 in property damage coverage per accident: This figure offers substantial compensation for repairing or replacing another person’s damaged vehicle.

These minimum coverage amounts could prove beneficial following a collision. However, the minimum coverage doesn’t always cover all accident-related losses.

Some Motorists May Have Higher Insurance Limits

Experienced motorists in Texas know a court might hold them personally liable if an accident victim’s damages exceed their insurance policy’s coverage limits. So, to protect themselves from personal litigation, a motorist may:

• Increase their coverage limits for injury liability.
• Purchase additional property damage liability coverage.
• Purchase other coverage, such as uninsured/underinsured (UM/UIM).

Our team will review all insurance policies and determine how much compensation you qualify to receive from a liable motorist’s insurer.

The First Stage of Negotiations Occurs With Insurance Companies

We will begin our pursuit of fair compensation for your accident-related losses by negotiating with any insurers that owe you compensation. If the at-fault motorist has valid insurance, we’ll likely negotiate with their insurer.

The negotiation process with an at-fault driver’s insurance company generally involves the following:

• Reviewing the other driver’s account of the accident.
• Establishing the insurance company’s policyholder’s responsibility for the crash.
• Providing the insurer with our calculation of your accident-related losses, including vehicle damage and medical expenses.
• Establishing the monetary value of your accident-related losses and demanding that amount through a settlement.
• Rebutting any arguments the insurer makes to avoid paying fair compensation for your losses.

Our attorneys never know how negotiations will unfold, so we’re always prepared for worst-case scenarios. However, we plan to emerge with all the compensation our client deserves in every case.

Tactics Insurance Companies Use to Avoid Paying Fair Compensation

Insurers always look out for their commercial interests. However, our firm is fully aware of this fact, so we’re prepared to counter any bad-faith tactics insurers may use in your case:

• Shifting fault: An insurance company may claim you are partially or fully responsible for the wreck. So, we will gather evidence to dispute such claims.
• Undervaluing your losses: A liable insurer might miscalculate your accident-related losses. If you merely accept the insurer’s calculation, it could get away with the undervaluation. Our firm will independently evaluate your damages and hold any liable insurer responsible for what it owes. 
• Offering an insufficient settlement: Some accident victims will accept quick settlements, even if it doesn’t adequately cover their losses. That’s why many insurers offer lowball settlements. However, our firm will evaluate any offer and advise you about its fairness.
• Denying your claim: An insurance company may deny your claim, giving unclear or flimsy reasoning. The insurer may hope you won’t challenge its denial. However, our firm will challenge the denial and continue to press for fair compensation. 
• Using hardball negotiation tactics: Insurance companies often employ seasoned negotiators. Thus, we expect a fight when seeking fair compensation for a client’s car accident losses.

You may face additional tactics when seeking compensation for a motor vehicle accident. Thus, hiring an attorney to overcome these challenges might benefit your health—and your wallet.

Should I Sue a Liable Motorist if Insurance Won’t Cover All My Damages?

We can help you determine if a lawsuit is a wise course of action. However, even after you file a lawsuit, an insurance company may continue negotiating. A lawsuit just means you’re seeking compensation from the individual liable for your accident—which may be a motorist or another party, such as a mechanic.

If the liable party does not have personal assets or cannot pay for your accident-related damages, a lawsuit might not make sense. So, we’ll determine the practicability of a lawsuit while reviewing the details of your accident.

Can I Accept an Insurance Settlement, Then Sue Liable Parties for Additional Compensation?

No. Once you accept compensation from an insurer, you generally release all liable parties from financial responsibility. Hence, it’s critical to consult a lawyer to review your damages, review financial offers, and determine how to proceed.

Contact Loncar Lyon Jenkins Today for a Free Consultation

A Texas car accident lawyer generally faces various deadlines in auto accident claims—including a deadline for filing a lawsuit. So, if you wait too long to speak with our team, you could prevent us from filing your case before the deadline expires. 

Contact Loncar Lyon Jenkins today for a free consultation. There are no upfront fees to speak with our team, and you’re under no obligation to work with us. 

The post Can You Sue an Insurance Company for More Than the Policy Limits? appeared first on Loncar Lyon Jenkins.

Next Steps if the Insurance Company Can’t Reach You

1. They might send you a bill for the damages to the other vehicle. If you can’t pay the bill, the insurance company may allow you to pay over time. This will depend on the company. They are not obliged to do this and may demand payment in full.
2. If you don’t pay the bill, they might hire a collection agency. In Texas, there are rules about what a collection agency can and can’t do to recover a debt. But debt collection agencies are tenacious and experienced. Dealing with them can be very stressful.
3. As a last resort, the insurance company may file a suit against you and get a ruling. You should consider that this procedure can affect your credit rating and your ability to get insured in the future. 

Do I Have to Respond?

If you have insurance, your policy will require you to cooperate with interested parties when a claim is made. By not responding, you are breaking the terms of your policy. Things become more complicated than they need to be.

You might feel that you have a good reason to stay quiet, but it’s never a good idea to ignore legitimate communications from an insurance company. An attorney can support you in navigating this process, especially if you feel you were the victim. 

What If I Don’t Have Insurance?

Driving without insurance is not just against the law—it can also end up costing you more in the long run if an accident occurs. Insurance is not cheap, but it’s important to have it.

In Texas, if you don’t have car insurance you may face criminal penalties. Also, you could be personally liable for any damages if the accident was your fault. This might cost you a lot of money. You will also find that the premiums on your future insurance are higher than they would normally be.

Should I Deal With This Myself?

We wouldn’t recommend fighting an insurance claim alone. You will be dealing with experienced negotiators and you are in a vulnerable situation. By choosing not to respond, you have put yourself in a vulnerable position whether or not you’re insured. Accident claims are complicated enough in the best of circumstances. You should consider working with a professional.

If I Decide to Respond, Should I Contact the Other Insurer?

This is not a good idea. After an accident, it is best not to deal with the other insurance company directly. To begin with, they may want to record any conversation. They will usually try to get you to admit that the accident was your fault. You will have to be very careful about anything that you say.

If you’ve hired an attorney, they can handle communication with the insurance company for you. They can review and submit any paperwork and handle all negotiations. 

When it’s Time to Get a Lawyer

Most of us have been in situations where we hope that a problem will just go away if we ignore it. But experience teaches us that this is rarely a good idea. When you ignore the first communication from the other party’s insurance company, you’re making the situation more difficult for yourself. Getting legal representation can mean finding a way out. 

At Loncar Lyon Jenkins, we can handle all correspondence and communication on your behalf. We know insurance companies and can use that knowledge to get you the best results. Our firm started in Dallas back in 1988 and now we represent clients all over Texas. 

Depending on the situation, here are a few additional ways that your attorney can offer assistance:

• We can communicate with you in Spanish to make sure you understand what the insurance company is saying. 
• Our team can collect evidence and interview witnesses. 
• We’ll review police reports, medical reports, and statements from the insurance company.  
• Your attorney can file appeals and other legal documents to help fight for your rights. 

Make the Right Call Today

You can get in touch with Loncar Lyon Jenkins today for a free consultation. This initial chat will be informal and is a great chance to ask questions. It’s a risk-free opportunity to get legal advice. It also gives us a chance to evaluate your situation and suggest how you should proceed. Don’t put off your response—get the help you need.

The post What Happens If I Don’t Respond To An Insurance Claim? appeared first on Loncar Lyon Jenkins.

You might have questions about what a total loss means for a vehicle and what to do if you think the insurer’s offer is unfair. Sometimes the insurance company violates its own guidelines about totaling your car. Also, the insurer might not offer you a fair amount for your vehicle. If the payout is too low, you might end up having no vehicle and owing thousands of dollars to the car loan company.

How does Texas Law Define a Total Loss?

Some states have regulations that define when an insurer can declare a vehicle a total loss. Many states call for this when the cost to repair the car is more than 51 percent or more than 80 percent of the car’s value immediately before the collision. Texas leaves this decision in the hands of the insurance companies. 

You can check your automobile policy to see if it defines what the insurer considers a total loss. Let’s say that your car’s value was $10,000 just before the crash. If the cost to repair the vehicle is $10,000 or more, the insurance company is highly likely to declare the car totaled.

It usually does not make economic sense to pay more than a vehicle was worth to fix it. Also, after a significant collision, the value of a car goes down.

Why Might You Disagree with the Insurer’s Decision About Your Totaled Car?

People often take issue with aspects of the insurance company’s process when the insurer decides to total out their vehicle. Here are some of the primary objections people have in this situation:

The Insurer did Not Follow Its Own Rules

If the insurance company identifies in the policy or other written materials the point at which they declare a vehicle to be a total loss, they have to abide by that rule. For example, ABC Insurance Company’s automobile policies define a total loss as a situation in which it would cost more than 80 percent of the car’s value right before the collision to repair the car. 

If the cost to fix your car is less than 80 percent of its pre-crash value, the insurer should not total out the vehicle. Of course, most insurance policies contain plenty of “wiggle room” language that allows the insurer to get out of some of their obligations. 

The Insurance Company Placed Too Low a Value on Your Car

Sometimes, the claims adjuster throws out a number that is much lower than standard references like Kelley Blue Book or Edmunds state for your car. You should not assume that the claims adjuster is acting in good faith or being fair. The adjuster’s job is to pay as little as possible on claims to increase the insurer’s profits.

Many people follow the general rule that one should never accept the first offer from a claims adjuster on anything because adjusters make low-ball offers so often. You will want to do your homework and know the true value of your car before the adjuster even makes the initial offer.

The Claims Adjuster Used the Wrong Kind of Value for Your Vehicle

The policy will control the type of coverage the insurer has to provide. For instance, if you bought an auto policy that provides replacement value, your insurance company should not pay the lower depreciated value.

Most policies do not provide replacement value coverage. Instead, they typically pay the market value. In this situation, the insurer should pay the value that a private buyer would pay for the car, not the trade-in value. Trade-in values are lower than private buyer values.

What Information Will You Need to Negotiate with the Insurance Company?

Consider data as your weapon in a negotiation about a totaled vehicle with an insurance company. Arm yourself well to get a favorable outcome. Here are three things you should know and be able to prove with evidence before starting the negotiation process:

The Value of Your Car Right Before the Crash

Be sure to document the equipment, packages, and add-ons your vehicle contains. Some policies will increase the value of a car for after-market modifications. If you just spent $2,000 on new tires, for instance, get the receipt and show the adjuster.

The Cost to Fix Your Vehicle

Claims adjusters know which mechanics charge more than others. If the insurer wants to total your car, they can select the bid of a pricey repair shop. You will want to get your own bids.

The Cut-Off Point for the Insurer to Total a Vehicle

If the insurer has a written guideline that they total out cars when the repairs cost more than 75 percent of the pre-collision value, do not let them declare your vehicle a loss at 51 percent.

You Could Recover Damages After Your Vehicle Accident

You do not have to deal with the claims adjuster on your own if you have been injured in an accident. You can call in the Strong Arm of Loncar Lyon Jenkins to fight your battles for you. Call us today at (800) 777-7777 to find out how we can help you.

Our personal injury lawyers could fight for compensation for all related losses, like lost wages, pain and suffering, and mental anguish. You may get post-traumatic stress disorder (PTSD) from a car accident, for instance. This may be a compensable loss.

The post Can I Negotiate With the Insurance Company If My Vehicle Is Deemed a Total Loss? appeared first on Loncar Lyon Jenkins.

If you still have leftover money following your settlement, you should follow your insurance company’s guidelines for such a situation. If the insurer finds that you kept the money, they could accuse you of insurance fraud. 

Make Sure that the Check Actually Exceeds the Cost of Repairs

Suppose you were in a car accident. After assessing your damages, the mechanic gives you an estimate. If you already gave the money back to the insurance company, you might have to pay out of pocket for those repairs. However, after completing the repairs, your bill might be much higher. 

Consider how the following measures could ensure your check covers your expenses: 

• Look at your car’s pre-accident value online. Your car might have a lower resale value now that it’s been in a collision. If you bring this up to your insurance company, they might let you keep the extra money to make up for this loss. 
• Determine whether you already paid anything out of pocket. The mechanic might say that you owe $3,000 in repairs. Your check might be $5,000. However, if you already paid out of pocket for towing, transportation, or other services, your insurance check could be just enough. 
• Ask whether your car is worth repairing. If it costs more to repair your car than it’s worth, it’s totaled––even if you can still drive it. You might be in a better position to get a new car rather than spending money trying to fix your old one.  
• Consider whether your car needs more repairs. To get your car up and running, it might cost a certain amount. However, you might need to get gaskets repaired, belts replaced, and other repairs. Ask your mechanic what collision-related repairs your car might need in the future. 

You Should Tell Your Insurance Company About the Extra Amount

Each insurance company handles these situations differently. After notifying the insurer about the extra amount, they might: 

• Tell you to keep it. This could especially be the case if you received a settlement for an unspecified purpose. Also, if you filed a claim with your own insurer, you could be entitled to that money since you paid the monthly premiums. 
• Ask you to give it back. Every insurance company has a different method for handling these situations. They might ask you to sign a form to release the funds or ask you to submit payment online. 

What Happens If You don’t Tell Your Insurance Company About the Extra Amount?

Texas Penal Code § 35.02 defines insurance fraud. If the insurance company believes that you intentionally defrauded or deceived it, you could be accused of this offense. Even if you genuinely didn’t know the insurance company’s protocol for this situation, it could still accuse you. This is not something you want to deal with after being in a collision. 

The insurance company could: 

• Raise your premiums or drop you as a client (if you filed with your own insurer)
• Demand that you return the full sum 
• Sue you 
• Notify the government of their suspicions, which could initiate legal proceedings 

Any one of these things could complicate the post-accident landscape. 

Our Law Firm Can Calculate Your Damages

Right now, you might think that your insurance check is more than the repairs. In the future, you could find yourself thinking the exact opposite. Our law firm can calculate the full scope of your losses. This way, you could understand what a fair settlement looks like. 

Your Lawyer Can Consult with Experts on Your Case

Our team can speak with accident reconstruction specialists, medical professionals, economists, and automotive experts about the cost of your damages. Your lawyer can also project your anticipated expenses. 

Our Firm Can Review Your Case’s Evidence

Our lawyers can use the following forms of evidence to learn more about your damages’ overall value: 

• Your medical records
• Repair invoices
• Property damage receipts 
• The accident report 
• Information from your doctor 

Your lawyer will take more than your repairs into account; they will also take your quality of life into account. 

Our Team Can Review the Liable Policy

After your representative examines the liable policy, they might find that you’re entitled to more than you thought. If this happens, our team can approach the insurer and ask them for the full amount you are owed.

Call the Strong Arm for Your Free Case Review

Whether you’re just starting the claims or arrived at an impasse, Loncar Lyon Jenkins is here to help. Whether you were involved in a motor vehicle accident or another type of situation, if you have concerns about the claims process, our lawyers can help. 

Dial (800) 777-7777 to connect with our Texas legal team.

The post What If the Insurance Check Is More than the Repairs? appeared first on Loncar Lyon Jenkins.

How Much Does Double Indemnity Pay?

The amount that double indemnity pays depends on the insurance policy. Applicable policies will contain a clause defining double indemnity coverage.

What Types of Accidents does Double Indemnity Apply to?

Double indemnity may apply in cases where someone dies and insurance coverage applies to the circumstances of their passing.

Some incidents that may result in double indemnity coverage are:

• Motor vehicle accidents
• Slip and fall accidents
• Trip and fall accidents
• Medical malpractice
• Boating accidents
• Drowning
• Workplace accidents

You can take a look at your insurance policy to see if you have this type of coverage.

What Losses Can Double Indemnity Cover?

Double indemnity provides financial relief in the case of an untimely death. Therefore, double indemnity may help cover:

• Funeral expenses
• The deceased’s lost income
• Grief counseling
• Medical bills
• Any other losses related to a death

Recipients of indemnity benefits may be a spouse, child or parent of the deceased.

Do Insurance Companies Ever Deny Double Indemnity Benefits?

Yes, they do. Insurance companies may cite one or more reasons for denying a claim. Insurance policies may void indemnity benefits if:

• The deceased was impaired at the time of their passing.
• The deceased contributed to their own death.
• The deceased died of natural causes.
• A death occurs under any other disqualifying circumstance.

Insurance companies may seek out reasons to deny a claim. Double indemnity benefits can be costly, and insurance companies do not benefit from paying out claims.

Are There Other Options for Seeking Compensation After a Loved One’s Death?

A wrongful death lawsuit may allow you to obtain compensation for a loved one’s death. A lawsuit may provide compensation through a settlement or judgment. The American Bar Association (ABA) notes that a settlement is the more common of these two outcomes.

What Are the Benefits of a Lawsuit?

A lawsuit does not restrain you to the coverage limits of an insurance policy. With a lawsuit, you seek compensation directly from liable parties. You may receive as much compensation as your lawyer can negotiate or win at trial.

A lawsuit may cover losses that an insurance policy does not, like pain and suffering. Insurance companies are generally not a factor in lawsuits, either.

Who Is Liable for a Wrongful Death?

Liability varies from case to case. No two wrongful death cases are alike. A lawyer from our firm can assess liability based on your specific circumstances.

Negligence is generally the standard for liability. Someone is negligent if:

• They owed your loved one a duty of care.
• They breached their duty of care.
• Their breach of duty of care caused your loved one’s death.

Proving this sequence is vital when completing a wrongful death lawsuit. It will be your lawyer’s job to make the case for negligence.

What Are the Duties of a Personal Injury Lawyer?

A personal injury lawyer can complete a wrongful death case. Typically, they will begin by filing an insurance claim, and if they cannot negotiate a fair settlement, they can file a lawsuit and take your case to trial.

A lawyer with our firm can:

Monitor All Relevant Deadlines to Ensure You don’t Forfeit Your Right to Damages

Texas Civil Practice and Remedies Code § 16.003 generally allows you two years to file a wrongful death lawsuit. There are exceptions to this statute, though. The sooner you get started on your case, the better. Filing past the statute of limitations may result in the court dismissing your case.

Claims seeking double indemnity benefits may also involve deadlines. Our team can identify and abide by any such deadlines as long as you call us in time.

Evaluate Your Losses so We Know What a Fair Settlement Amount Looks Like

Losses are crucial to both insurance claims and lawsuits. It is our firm’s duty to:

• Identify each of your losses
• Project future losses
• Assign a value to each loss
• Seek documentation of your losses

Your losses dictate how much compensation we seek for you, so we make sure to account for future losses, as well.

Protect You from Insurance Companies and the Other Party’s Lawyers

A lawyer’s primary duty is to protect your rights. We can do this by:

• Handling all direct communications with insurance representatives and attorneys
• Reviewing any written and oral statements that you make
• Advising you on any interactions with these parties
• Advising you to reject any unfair compensation offers

Insurance companies and attorneys may pressure you to accept less than you deserve. We can ensure that they do not undermine your rights.

Call Loncar Lyon Jenkins to Get Started on Your Wrongful Death Case

Call in the Strong Arm today. Our team knows the great cost of losing a loved one, and we want to see how we can help your family.

Call Loncar Lyon Jenkins today at (877) 239-4878 for a free consultation. There are no obligations when you call, and we can provide valuable information for you and your loved ones.

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