If you’ve found yourself skimming through our pages, I can’t imagine you’re doing so merely for fun. I find myself frequently saying to our media team, no one likes us (attorneys), no one cares to hear what we have to say (except us)...that is until we are needed (it feels good to not always be disliked).
I wasn’t always an attorney. As a matter of fact, I am the only attorney in my family. Being an attorney wasn’t a burning desire of mine since birth. It is something I felt called to become as I started coming into my own talents. That being said, I’m not so far removed from being a non-lawyer that I don’t remember what it was like to be on the other side of a law license.
So, in this blog, I’ll try and share some of the more interesting things we learn being on this side of the courtroom door.
According to the Texas Department of Transportation, 1 in 4 drivers will eventually end up in a car collision. From my experience, the potential for a collision seems much higher. The point is not lost, though. A car collision is a real threat once you decide to drive a motor vehicle onto a road.
So, what happens after a crash? Honestly, if you caused a crash and are considered at-fault, a personal injury attorney may not be able to help you. Your liability insurance is supposed to provide you a legal defense. Call them. That’s what you pay expensive premiums for and that’s why the State of Texas requires all drivers to have liability insurance.
However, herein lies the first question about which I’d like you to know the answer...who pays in a car crash?
Insurance. 99% of the time...insurance. If you’ve never been in a crash, this all centers around insurance - auto liability insurance, more specifically. However, for ridiculous reasons, no one will come out and say it. What’s more, if you ever have the misfortune of being a plaintiff, in court, against a defendant that injured you, you can’t even mention “insurance” or you risk a mistrial.
Example: You're hit by person “A” with a State Farm Insurance auto liability policy. Your attorney starts a claim with State Farm on your behalf for injuries. State Farm responds on behalf of Person “A”. Your demand is then sent to State Farm with your medical bills. State Farm decides whether they will pay a fair amount. If your attorney has to file a lawsuit because State Farm is unfair in their offer you, State Farm’s attorneys will defend Person “A” in the lawsuit. State Farm tells their attorneys whether to settle or go to court. State Farm will pay the judgement when Person “A” loses in trial. However, if you mention State Farm in trial...possible mistrial. You lose. How does this make sense?
This is just one example of the fundamental unfairness Plaintiff’s face from insurance companies after a car crash. Look for more insight from our Facebook: daily fight with insurance companies in upcoming blogs.
Contact the lawyers at Martinez & Associates if you have any questions or would like for our attorneys to go in depth into a certain personal injury topic. Our Texas attorneys proudly serve the needs of English and Spanish speaking clients in Laredo, the Rio Grande Valley, and San Antonio.