Blog Layout
Understanding Auto Insurance and Vehicle Damage in Texas
I can't replace my car with the amount the insurance company wants to pay me. Don’t they have to pay me enough to buy the same type of car?
The insurance company has to pay you what your car is worth, not what it costs to buy a similar car. Because cars depreciate the moment they are driven off the lot, you will not be paid the purchase price on even a new car.
Is there anything I can do to get the insurance company to pay me more for my car?
Yes. You can ask the insurance company for the “comparables” they are using to establish the value of your vehicle. You may find that the insurance company is using vehicles with higher mileage or fewer upgrades. You can point out these discrepancies to the insurance company.
You can also find your own comparables and provide those to the insurance company. The insurance companies will generally negotiate with you and increase their offer somewhat if you are able to
provide documentation to support your value.
Doesn’t the insurance company have to give me a rental car? The other driver was at fault but their insurance company will only reimburse me for the rental charges after I pay for the rental and provide receipts.
Unfortunately, they can do this. Even large carriers are starting to follow this practice. The problem is, of course, that you have to incur these charges upfront and you may have to pay a rate higher than the rate the insurance company wants to reimburse you for. Because of the volume of their rentals, insurance companies can often get discounts from rental car companies that are not available to consumers.
You may have to pay a higher rate, but the insurance company may offer to reimburse you only for the lower rate that is available only to them. You are entitled to loss of use (rental) but it’s very expensive to go to court to battle the insurance company over the excess rental charges, only. Therefore, if you spend a lot on a rental, you may have an out of pocket loss.
I don’t have the check for my totaled car yet and the insurance company is telling me I have to return the rental car. Can they do that?
Yes. Typically, insurance companies will pay for a rental (loss of use) for 72 hours after your vehicle is determined to be totaled. This means you may not have time to replace your vehicle before the rental car must be turned in. Under Texas law you are only entitled to loss of use on a
vehicle that is repairable.
The bank is telling me that I still have to make payments on my totaled car because I owed more than the car was worth. Do I have to make payments on a car that I no longer have?
If you are “upside down” in you car (you owe more in payments than the car is worth), you could be left holding the bag if it’s totaled. That is why it is so important to buy gap insurance
if you have a loan on your car. Gap insurance is designed to make up the shortfall in the event your car is totaled.
The driver who hit me was an "excluded driver". What do I do?
More and more often we are hearing about “excluded drivers” in Texas. Insurance companies are issuing policies leaving off spouses who have a bad driving record and teen drivers. Too often the owners of these vehicles let the excluded driver drive the car and the excluded driver causes an accident.
You can sue the owner and driver in this situation, but the insurance company is not going to pay and you are very unlikely to collect anything. You will likely have to use your own collision or uninsured motorists coverages.
I let an excluded driver drive my car and they caused a wreck. Does my insurance company have to pay for the damage?
Most probably not. You should NEVER let an excluded driver drive your car.
The insurance company will only pay for one week of storage fees, but my vehicle was in storage for a month. What do I do?
Typically, insurance companies will only pay for storage for a week or two. If you owe storage fees and do not pay them, after a period of time the storage lot can sell your car for salvage.
That is why it is important to
have your vehicle moved to the insurance company’s lot as soon as you can. The vehicle should be moved to the lot for the company which is adjusting the damages.
What is diminished value and how do I recover it?
If your car has been in a collision, it is worth less than before it was wrecked, even after it has been repaired. If your car is repairable, you are entitled to make a diminished value claim
against the at fault driver’s insurance company.
If you are at fault, your insurance company will
not pay you diminished value damages.
These factors determine what an insurance company will pay you for diminished value:
- The age of your vehicle;
- The mileage of your vehicle;
- The cost of your vehicle;
- The cost of repairs; and,
- Whether your car has been wrecked before.
The newer your vehicle is and the worse the damage in relation to the value of the vehicle, the higher your diminished value will be. If your vehicle is older with high mileage, minor damage and prior collisions, your diminished value will be lower.
At Wham & Rogers, we guide our personal injury clients through the property damage process. If you have sustained a serious injury in an accident, call us at 832-592-1108 for a free consultation.
Each year, 600 Texans are killed and 10,000 more are injured in trucking collisions. After a trucking crash, quick action is required. The trucking companies have legal teams ready to act after a crash occurs. They immediately send experts to the crash site, photographing and measuring the roadway and interviewing the witnesses. So if you or a loved one is injured or killed in a trucking collision, letters requiring preservation of evidence should be sent immediately to the trucking company and to its insurers. Your lawyer should retain experts to perform computerized mapping of the crash site and to download the electronic control module of the 18-wheeler. And then after that, a qualified trucking liability expert should be retained to address the federal safety regulations that are critical to handling a truck crash claim. If you've been hit by a truck or commercial vehicle in The Woodlands, Spring or Conroe, you need an experienced attorney on your side. Please give us a call at (832) 592-1108 for a free consultation, or submit the contact form here.
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.
1. Do I really need a personal injury lawyer? Yes, if you have a significant injury, choosing the right lawyer to handle your injury claim matters. Now more than ever, having the right lawyer can make a tremendous difference for the success of your claim. Insurance companies use sophisticated negotiation tactics to help them minimize your claim, or even avoid paying altogether. And make no mistake—the claims adjuster is not on your side. The adjuster, in a very real sense, is your opponent, and is specifically trained to make sure you don’t receive the maximum recovery you’re entitled to. 2. Does it really make a difference which lawyer I hire? Absolutely. The stronger your lawyer, the stronger your claim. Insurance companies keep track of which lawye rs have the experience, the resources, and the willingness to fight for their clients. They know which law firms are high-volume firms looking for a quick, easy settlement, and which lawyers are willing to do the hard work of fighting to get full justice. We have had clients contact us because a high-volume firm dropped their case after the insurance company “denied liability” and refused to pay quickly. 3. How do I find the best personal injury attorney? First, look at the lawyer’s qualifications and credentials. For example, the State Bar of Texas has a Board of Legal Specialization that certifies lawyers who are experts at handling personal injury claims. Fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law. You should also check the lawyer’s ethics. One of the best sources is Martindale-Hubbel’s attorney ratings. The highest rating is AV-Preeminent—which means the lawyer is considered ethical by his peers and has demonstrated the highest level of competence. Next, consider the size of the firm. If you are represented by a large law firm, chances are you will not be represented by the best, most experienced lawyer at that firm, and your case will instead be “handed down” to an associate for handling. Hiring a “boutique” litigation firm, with fewer lawyers handling fewer cases, will mean that the firm’s top lawyers are directly involved in the handling of your claim. Beware of firms that advertise “billions of dollars in past recoveries.” Quite often, those recoveries include class action case results, involving thousands of clients, with each client receiving a relatively small recovery. Look instead for a lawyer who has a record of achieving substantial recoveries for individual clients. Find a lawyer who has “been there, done that.” Specific experience is important, so look for a lawyer who has widespread experience handling serious injury claims, including wrongful death claims, truck crash cases, and complex cases involving complicated injuries such as paralysis and traumatic brain injury. Wham & Rogers attorneys have over 70 years combined experience in personal injury law. Mark Wham is Board Certified in Personal Injury Law. Rene Rogers has been AV Rated by Martindale-Hubbel for 30 years. Ryan Wham attended one of the best law schools in the country, the University of Texas School of law and was a member of UT’s prestigious Law Review. Prior to going to work for his parents at Wham & Rogers, Ryan worked at one of the largest law firms in the world. If you are looking for a highly qualified, experienced personal injury firm, contact Wham & Rogers for a free consultation. Call 832-592-1108 or text 832-413-1428 .
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Each year, 600 Texans are killed and 10,000 more are injured in trucking collisions. After a trucking crash, quick action is required. The trucking companies have legal teams ready to act after a crash occurs. They immediately send experts to the crash site, photographing and measuring the roadway and interviewing the witnesses. So if you or a loved one is injured or killed in a trucking collision, letters requiring preservation of evidence should be sent immediately to the trucking company and to its insurers. Your lawyer should retain experts to perform computerized mapping of the crash site and to download the electronic control module of the 18-wheeler. And then after that, a qualified trucking liability expert should be retained to address the federal safety regulations that are critical to handling a truck crash claim. If you've been hit by a truck or commercial vehicle in The Woodlands, Spring or Conroe, you need an experienced attorney on your side. Please give us a call at (832) 592-1108 for a free consultation, or submit the contact form here.
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.
1. Do I really need a personal injury lawyer? Yes, if you have a significant injury, choosing the right lawyer to handle your injury claim matters. Now more than ever, having the right lawyer can make a tremendous difference for the success of your claim. Insurance companies use sophisticated negotiation tactics to help them minimize your claim, or even avoid paying altogether. And make no mistake—the claims adjuster is not on your side. The adjuster, in a very real sense, is your opponent, and is specifically trained to make sure you don’t receive the maximum recovery you’re entitled to. 2. Does it really make a difference which lawyer I hire? Absolutely. The stronger your lawyer, the stronger your claim. Insurance companies keep track of which lawye rs have the experience, the resources, and the willingness to fight for their clients. They know which law firms are high-volume firms looking for a quick, easy settlement, and which lawyers are willing to do the hard work of fighting to get full justice. We have had clients contact us because a high-volume firm dropped their case after the insurance company “denied liability” and refused to pay quickly. 3. How do I find the best personal injury attorney? First, look at the lawyer’s qualifications and credentials. For example, the State Bar of Texas has a Board of Legal Specialization that certifies lawyers who are experts at handling personal injury claims. Fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law. You should also check the lawyer’s ethics. One of the best sources is Martindale-Hubbel’s attorney ratings. The highest rating is AV-Preeminent—which means the lawyer is considered ethical by his peers and has demonstrated the highest level of competence. Next, consider the size of the firm. If you are represented by a large law firm, chances are you will not be represented by the best, most experienced lawyer at that firm, and your case will instead be “handed down” to an associate for handling. Hiring a “boutique” litigation firm, with fewer lawyers handling fewer cases, will mean that the firm’s top lawyers are directly involved in the handling of your claim. Beware of firms that advertise “billions of dollars in past recoveries.” Quite often, those recoveries include class action case results, involving thousands of clients, with each client receiving a relatively small recovery. Look instead for a lawyer who has a record of achieving substantial recoveries for individual clients. Find a lawyer who has “been there, done that.” Specific experience is important, so look for a lawyer who has widespread experience handling serious injury claims, including wrongful death claims, truck crash cases, and complex cases involving complicated injuries such as paralysis and traumatic brain injury. Wham & Rogers attorneys have over 70 years combined experience in personal injury law. Mark Wham is Board Certified in Personal Injury Law. Rene Rogers has been AV Rated by Martindale-Hubbel for 30 years. Ryan Wham attended one of the best law schools in the country, the University of Texas School of law and was a member of UT’s prestigious Law Review. Prior to going to work for his parents at Wham & Rogers, Ryan worked at one of the largest law firms in the world. If you are looking for a highly qualified, experienced personal injury firm, contact Wham & Rogers for a free consultation. Call 832-592-1108 or text 832-413-1428 .
We are often asked whether pedestrians or cars have the right of way on pathways and at intersections. Many trails or pathways which cross intersections have stop signs. Pedestrians and bicyclists must obey these signs when they come to an intersection. When approaching an intersection, pedestrians should always stop and look both ways before crossing the intersection. If there is a traffic control device, pedestrians should always wait for the “walk” light to be illuminated before proceeding. Pedestrians, cyclists, and runners should slow down to allow enough time when nearing an intersection that is not controlled by a traffic signal.
Take these steps after a collision to protect you and your rights in a Houston, The Woodlands and Spring car crash.
Two wrongful death lawsuits have been filed against Panera Bread Co.
Oversized loads are frequently involved in 18-wheeler accidents in Texas
Learn about the common causes of product-related injuries and how you can get help if an injury happens to you or a family member. If you have questions, Wham & Rogers are here to help! Contact our Houston personal injury lawyers for a free consultation.
The Woodlands personal injury lawyers at Wham & Rogers explain how HIPAA rules could factor in to your personal injury claim. Learn more by calling us at (832) 592-1108.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The verdicts and settlements listed are representative and are not a guarantee or prediction of the outcome of other claims.
Website Design Experience Provided By: igniteDBS