Dallas Auto Insurance Lawyer

serving communities in and near Dallas and Ellis Counties

You Need attorney Who Understand Auto Insurance

Experienced auto insurance attorney like Polewski & Associates understand the different types of insurance provided by automobile insurance policies-and they understand the tricks and misleading tactics used by auto insurers to prevent you from getting the coverage you deserve.

The types of insurance described below might not be available in your case, but you should know what kinds of insurance coverage are offered in most insurance policies.

Automobile insurance policies are divided into a number of different types of coverages:

Liability Insurance

The liability portion of the policy is specifically for defending and settling any claims or paying any judgments rendered against the insured in an automobile negligence claim. There are two subcategories of liability insurance: bodily injury liability coverage and property damage liability coverage. When a plaintiff is injured by the negligence of a defendant the plaintiff makes a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for medical bills of the plaintiff as they are incurred. It is designed for a one time settlement or payment for all of the plaintiff's damages. On occasion, liability insurance carriers pay medical bills of unrepresented plaintiffs. They do this to keep the unrepresented plaintiff happy so that he or she will not seek an attorney. However, they always claim a credit toward any settlement or recovery at the end of the claim.

Automobile accident law suits in most states must be filed against the negligent driver as the named defendant and may not also name the insurance carrier as a defendant. Most states do not even permit a jury to hear or learn that there is insurance coverage for the defendant. However, even though the insurance carrier is not named as a defendant, it has a duty to defend the claim by hiring an attorney to represent the negligent defendant. If a jury renders a verdict in excess of the defendant's policy limit, the defendant is then personally liable out of his or her own assets for the excess of the verdict over his or her insurance policy limit. An excess verdict can be devastating to a defendant, often resulting in bankruptcy. For this reason, even though defendants frequently are upset at being accused of negligence and frequently want their day in court, it is strongly in the interests of the defendant to have his or her own insurance company settle the claim within the policy limits, rather than proceed to trial. On the other hand, the insurance company (and the attorney hired by the insurance company to defend the case) has an inherent conflict of interest with its insured, in that it always prefers to settle the claim for an amount under the insurance policy limit, even if the case is worth more than the policy limit. As a result of this conflict of interest and the devastating impact an excess verdict can have on an insured, the law imposes on insurance carriers a duty to their insured's to exercise good faith in seeking to settle claims within the policy limits of their insured's' policies. A liability insurance carrier may not simply refuse to offer a $20,000.00 insurance policy limit in settlement to a victim whose damages likely will produce a verdict of $100,000.00 if the case goes to court, but who, in advance of trial, is willing to accept an offer of the policy limit. Under these circumstances, after an excess verdict has been rendered, the insurance carrier may be sued for its bad faith failure to settle the claim within the policy limits.

Med-Pay or Personal Injury Protection:

Built in to many automobile insurance policies (also other types of insurance policies, including homeowners insurance) is a form of health and/or lost earnings insurance coverage called by various terms, including med-pay, personal injury protection (PIP), or economic loss protection benefits. This coverage is available to the insured driver and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of the negligent defendant does not pay med- pay or PIP benefits to the injured plaintiff. These benefits are limited to the driver of or passengers in the insured vehicle. The plaintiff looks to his own insurance policy or the policy on the vehicle in which he was a passenger for med- pay or PIP benefits. Pedestrians are often covered by PIP benefits on the vehicle which strikes them.

Depending on the state, lost earnings may be covered by PIP benefits or economic loss protection benefits. Simple med-pay benefits ordinarily do not include lost earnings.

The amount of med-pay, PIP or economic loss protection benefits is determined by reference to the policy limit for this particular type of coverage, which may, in turn, be dictated by the law of the State in which the policy is issued.

Uninsured and Underinsured Motorist Benefits:

This type of benefit may be provided by the victim's own insurance policy and it protects the victim against a negligent defendant not having liability insurance coverage or having inadequate liability insurance coverage. In the event of a motor vehicle accident involving an uninsured but negligent defendant, the victim makes a claim under his or her own uninsured motorist coverage and the victim's own insurance carrier then settles the claim or pays any judgment which may be rendered. If a defendant has liability insurance, but the policy limit of the defendant's liability insurance is less than the uninsured motorist coverage of the victim under his or her own policy, a claim may be made by the victim under his or her own policy for what is called underinsured motorist benefits. A complicated body of case law has evolved dealing with this type of benefit, and each state has its own law dealing with the various issues which arise. There are significant differences in the rulings between the states on the same issues.

Collision Coverage:

Collision coverage provides for the repair or replacement of an insured's own vehicle after an accident. Fault is not an issue. This is to be distinguished from property damage liability insurance coverage discussed above. The innocent victim of an accident may present a claim for the property damage under his or her own collision coverage or under the negligent defendant's property damage liability insurance coverage. Collision coverage ordinarily carries with it a deductible, whereas property damage liability insurance coverage does not. In an automobile accident case, after a claim has been paid under collision coverage, the insurance carrier who paid the claim may proceed against the property damage liability insurance carrier for the negligent defendant to recover for the amount paid out. This is call

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If you or a loved one have been seriously injured in a accident, contact Polewski & Associates today.

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