As a Dallas-Fort Worth personal injury attorney, I have handled a lot of different car, truck, and motorcycle accidents. Over the years I have learned that auto insurance adjusters will think of all kinds of excuses to avoid paying a fair and just compensation to innocent personal injury victims.
One instance this is when an insurance representative denies a claim because the at-fault driver was not named on the insurance policy. This article will focus on who is responsible when insurance companies deny liability and what you can do to get the compensation you deserve.
The Vehicle Owner’s Responsibility
In Texas, it is possible to recover compensation from the vehicle owner’s insurance policy even if the driver at the time of the wreck is not specifically named on the insurance policy.
If the insured owner gave the driver permission to drive their vehicle then they are automatically covered by the owner’s insurance policy. However, since bodily injury cases are so expensive, sometimes the insurance company will instruct their client to say that they did not give permission for the person driving to do so. In these situations, you should consult with a Fort Worth injury lawyer who can help you move your case forward using their expertise and evidence.
Consent of the Vehicle Owner
Many times, when the owner denies giving permission for the other person to drive their car, we find out that they were actually riding in the passenger seat at the time of the accident! This suggests, of course, that they did indeed give permission.
Even if express permission was not given by the owner for the driver to use their vehicle on the particular occasion in question, it might still be possible to recover compensation against the owner’s insurance policy of that driver has a history of borrowing their vehicle and that the owner routinely allows or does not object to them driving it.
Pursue the Driver’s Insurance Company
Of course, the other option if the owner’s insurance provider is denying liability is to make a claim against the driver’s own policy. If they have auto insurance (which they should under Texas law) then you can make a claim against their insurance instead of the vehicle owner’s insurance. In certain situations, it may actually be necessary to make a claim against both the owner’s and the driver’s separate insurance policies. This is common in cases where the value of damages exceeds the liability limits of just one insurance policy.
Why You Should Submit a Claim
Although you may not want to go through the trouble of submitting a personal injury claim, it may be to your advantage to do so. Here are three reasons why.
Your Medical Bills Covered
Being injured in a car accident can cause you to have medical treatment with multiple doctors. For example, you if you suffered a broken arm bone and you also have back pain, you would need at least two doctors (one to repair and rehabilitate your arm and another to help you with physical therapy). If you go further back, you may have emergency room bills that need to be resolved from the accident. These three sources of medical expenses can easily generate thousands and thousands of dollars in bills.
If you pursue a personal injury claim, you are making sure your medical bills are getting paid for, but more importantly, you are getting medical treatment without paying out-of-pocket. This is a win-win for you, because you can get the medical help you need without worrying about medical debt.
Your Lost Wages Covered
If you have a job and were injured, it’s very likely you will need to miss work for doctor appointments, surgeries, and physical therapy. Who will pay you for the wages you lost due to hours missed from work? In a personal injury claim, we make sure we account for any wages you missed because of the accident. In other words, you can place your health as the priority after your car accident.
We Make Insurance Companies Pay
Whether we go after the driver, the car owner, or the person listed on the insurance company, we make sure you get the compensation you deserve for your case. Sometimes people decide to take on the insurance company by themselves, which might not always be the best idea. Insurance companies have their own legal teams that do the opposite of what we do. Instead of fighting for your rights and making sure you get all of your accident-related expenses compensated for, they look for ways to pay you the least amount of money possible. Don’t fall into the schemes of the insurance companies. With the Anderson Law Firm, you have a legal team fighting for you until your settlement is won.
Contact the Anderson Law Firm
If you or a loved one has experienced an insurance company denying liability because the negligent driver was not named on the insurance policy, it is important to seek help from a board certified traffic wreck attorney who will make sure that your legal rights are protected and that you or your loved ones get the deserved full and fair compensation.
At the Anderson Law Firm, we have handled many cases where the driver that caused the accident was not listed on the vehicle owner’s insurance policy. Furthermore, we have successfully won our clients the compensation their case deserved by proving that the vehicle owner was responsible in allowing the driver to use their car. Don’t let the fact that the negligent driver was not on the insurance policy stop you from getting the help you need. For more information, please feel free to contact the board certified personal injury lawyers at the Anderson Law Firm for a free, no-obligation consultation on your case.