Questions Frequently Asked In Injury Cases
The Law Offices of Robert Rodriguez is sensitive to the needs of those who suffer pain or physical impairment from accidents caused by the negligence of others. I am committed to helping protect the rights of accident victims, and take pride in providing each client with individual attention and answers to each question that may arise.
My car is not drivable. Does the insurance company have to provide me with a rental car?
The law requires the insurance company to compensate you for a replacement vehicle while your vehicle is being repaired. Some insurance companies in Texas will allow you to rent a car on a “direct bill” to them. Others will agree to reimburse you after the fact and only for the number of days they deem reasonable. Also, if the insurance company declares your vehicle a total loss, they no longer will have an obligation to pay for a replacement vehicle since your vehicle is not being repaired. This entire area of property damage repair and car rental reimbursement is laden with traps for the unwary victim, and can cause much frustration.
Will the insurance company pay for me to go to the doctor?
No. Insurance companies pay on a reimbursement basis and only at the end of the case when you are ready to settle and release them from any further liability. More importantly, the insurance companies will conduct a so-called audit of the medical bills and will reduce them so that they can avoid paying full reimbursement.
What if I have no health insurance and I need to see a doctor?
Your attorney can arrange for you to see a doctor who will examine you, who will prescribe appropriate treatment for your injuries and who will defer payment until your case is resolved. Over the years, we have accumulated a large pool of medical professionals such as orthopedists, neurologists, radiologists and M.D.s who are sympathetic to your situation and are willing to treat you on this basis.
What will the adjuster consider in evaluating the value of my case?
The adjuster will consider medical expenses, expenses for medical devices or appliances, lost income, impairment, scarring, disfigurement, loss of wage-earning capacity, the possibility of future medical procedures, and pain and suffering. Other considerations include the degree of impact, the defendant’s conduct, the amount of property damage and the type of medical treatment.
The adjuster wants to take a taped statement. What should I do?
Remember, the adjuster’s loyalty is to the insurance company and the insured (the person who caused your injury). The adjuster will be looking to minimize liability and damages and to protect the insured. You should contact an attorney before consenting to give a statement.
My health insurance company says they have a lien on my claim. Does this mean I have to give them back the money I get from the claim?
It depends on the type of health insurance you have. If your employer provides you with health insurance on a self-insured basis, they are protected by Employee Retirement Income Security Act (ERISA), which means they are entitled to reimbursement. However, the majority of health insurance plans do not fall under ERISA guidelines and are therefore only protected by language found within the policy. This becomes a contractual claim and can many times be defeated or greatly reduced if handled properly. My firm deals with these issues on a daily basis and has become quite proficient at handling them to my clients’ advantage.
Serious accidents and injuries are life-changing events with lifelong consequences. For this reason, it is important to choose a law firm that is knowledgeable in the important legal questions — and answers — of personal injury law.