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Month: April 2023

Insured and Uninsured Defendants

April 19, 2023April 19, 2023
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Please note, the Carabin Shaw Law Office will be moving to 875 E Ashby San Antonio, Texas 78212 in the 3rd quarter of 2023

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Insured and Uninsured Defendants

All drivers in Texas are legally required to carry insurance on their vehicles. However, many drivers choose to drive uninsured, thereby violating the law. Whether an insurance company is involved in your case can determine the legal process and the outcome of your case against them.

Suppose both drivers involved in your wreck were insured, and ultimately, an insurance company will be responsible for compensating you for your injuries. This can be beneficial to an accident victim because in most cases, it means if you succeed in bringing your claim, some amount of money will be available to compensate you for your losses. However drivers often carry minimal coverage on their cars, and if the accident is severe, the insurance policy may not completely reimburse you for your losses. Just because there is money theoretically available in an insurance policy to compensate you for the losses doesn’t guarantee it will be simple to get your hands on the money. Any time an insurance company is involved in a case, you’ll be up against intimidating adjusters, accident recreation specialists, defense attorneys, and investigators whose goal is to see you don’t win your case. More on this webpage

On the other hand, the other driver involved in your accident may be uninsured and you don’t have uninsured motorist coverage either. Suppose there is not an insurance company involved in your car accident litigation. In that case, you won’t have to deal with their aggressive lawyers, adjusters, and other professionals determined to see your claim denied. However, you’ll need to worry about the other driver’s solvency since he will probably pay for your injuries. If the defendant is insolvent, it simply means he doesn’t have enough money to compensate you for your injuries. There’s usually no logic in pursuing litigation with an insolvent defendant, even when you can prove he is liable for your losses. It’s a sad fact of life that accident victims are frequently unable to recover compensation from insolvent defendants that can’t pay up.

Then sometimes, a driver involved in an accident will try to hide his assets to give the illusion of being insolvent. If you have a suspicion this may be true in your case, the auto accident attorneys at our Law Office can do an asset check on the defendant to discover how much he is actually worth. We’ll find money if it’s available and then work to help you obtain your fair share of it.

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