What happens if I get sued for a car wreck?

Note: My office was recently contacted by a young college student who was served by a lawsuit for a car wreck she was in over a year ago. We were able to help by pointing her to her own insurance company. However, in searching the web, it was hard to find resources that provided this information – thus a blog was born! What happens if I get sued for a car wreck? First, let’s make sure we are on the same page. Being sued = a lawsuit was filed in a court of law and you were mailed a copy of the lawsuit or hand-delivered a copy of the lawsuit.  As compared to having a person file a claim on your own automobile insurance policy.  This blog is going to provide some tips and pointers if you find yourself holding a copy of lawsuit with your name on it in the state of Texas. Ok so don’t panic – too much.  Receiving a lawsuit with your name in it is not fun and can be down right scary but you aren’t stuck and you have options! Quick lingo: Plaintiff = person who filed the lawsuit and is requesting a legal remedy Defendant = person being sued Petition = fancy lawyer word for the lawsuit Rules for Texas lawsuits that may help: A lawsuit can be filed up to two (2) years after the date of the crash. For Example: Crash is on 11/6/18 – the lawsuit can be filed until 11/6/20. NOT 11/7/20. Once you have received a copy of a lawsuit, you have twenty (20) days to file...

Recorded Statements: To Give or Not to Give?

So you have gotten in a wreck – your fault or not – if insurance is involved, there is a 99% chance you will be asked to give a recorded statement as part of the claims process by an insurance adjuster for the other person’s insurance. It’s also possible for your own insurance company to ask for a recorded statement as well. Elizabeth helps with the car wreck insurance claims every day, this is a common question received from clients and/or potential clients. So this is a quick blog to help understand a bit more about a recorded statement and its implications for your car wreck claim.   What is a recorded statement? A recorded statement is a conversation – taken over the phone (usually) by an insurance adjuster or insurances claims handler, in which they begin the conversation by asking if they can record the conversation and then proceed to ask what happened. They also ask for your personal information (date of birth, address, telephone number, and social security number) and really . . . any other information they may need or want to investigate the claim, including if you were injured or not. You won’t be allowed to ask questions, or rather, you will not be given any responses by the insurance adjuster while the recorder is on. You will only be asked to give responses to scripted questions, and at times, very one-sided questions. What is a recorded statement used for? The recorded statement is used by the insurance company to determine whether they have any responsibility – basically whether they will have to pay any money...

FAQ: Car Repairs

Frequently Asked Question: Car Repairs Do I get to pick the repair shop? Bumper crunched? Headlight crushed? No matter the size of the repairs you want to use a trusted automobile repair body shop. As part of the property damage claim from a car wreck, many insurance companies push their own repair shops as the only place where you can get repairs. This is simply NOT TRUE in the State of Texas. The Texas Department of Insurance provides a Consumer Bill of Rights for personal automobile insurance that insurance companies must give you a copy when they issue you a policy: CHOICE OF REPAIR SHOP AND REPLACEMENT PARTS. You have the right to choose the repair shop and replacement parts for your vehicle. An insurance company may not specify the brand, type, kind, age, vendor, supplier, or condition of parts or products used to repair Your automobile. The insurance company must provide you notice of the above requirements as follows: claims submitted by telephone written notice within three business days or immediate verbal notice, followed by written notice within 15 days; • claims submitted in person immediate written notice at the time you present your vehicle to an insurer or an insurance adjuster or other peron in connection with a claim for damage repair: or • claims submitted in writing — written notice must be provided within three business days of the insurance company’s receipt of the notice. Yes, you can pick the automotive repair shop for your vehicle. But be sure the automotive repair shop gives you a lifetime warranty on all repairs. Want to learn more about...

2016 Austin Bar Association Fitness Committee Sneaker Drive

According to the City of Austin an average of 2,000 homeless adults and children are living on the street, in emergency shelters or transitional housing each day.  Many of these folks do not have proper footwear to help them get through the Austin’s coldest and wettest months (February – March).   A pair of shoes can provide protection from the elements, warmth, ease of transportation, and a boost of confidence.  The members of the ABA Fitness Committee want encourage members to donate a pair of gently worn athletic or running shoes of any size (adults or kids) during the month of January to help these individuals in need. Austin Bar Association Fitness Committee has paired with Austin Resource Center for the Homeless (ARCH), a local non-profit organization to assist with distributing the donated shoes to individuals in need. ARCH is located in downtown Austin and provides immediate assistance through showers, hygiene items and clothing.  ARCH works as a “one stop shop” where clients may access a variety of services such as legal assistance, job training, health care, and case management which will help them transition into housing. This is accomplished through a unique partnership with nine co-located agencies that work together to provide the best possible service to Austin’s homeless men and women. What to read more about ARCH? www.frontsteps.org/what-we-do/arch/ What:  Gently worn sneakers/athletic shoes of any size, men, women and children When:  January 1 -31st Where to Donate: Austin Bar Association 816 Congress Ste 700 Austin, Texas 78701 Larrick Law Firm 1502 West Ave. Austin, Texas 78701 Law Offices of Nikki Maples 1717 W. Sixth St Suite 315 Austin, Texas 78703 The Stewart Law...

Thank a Veteran

Veterans’ Day Originally, November 11th was proclaimed “Armistice Day” by President Woodrow Wilson in November 1919 to commemorate the end of World War I.  At the time, World War I was seen as the “war to end all wars” but this changed after the beginning of World War II, which required the greatest mobilization of the Nation’s armed forces. And again later with the United States involvement in Korea, the holiday became “Veterans’ Day” officially on June 1, 1954.  The holiday is intended to recognize and celebrate America’s veterans for their dedication to the country and willingness to serve. Veterans’ Day is a day set aside to honor the services of all U.S. military veterans of every branch of the U.S. Armed Forces – Navy, Army, Marine Corp, Air Force and Coast Guard. Larrick Law Firm is grateful for the service and sacrifice of the members and veterans of the United States Armed Forces.  I have personal dedication to honor the service of my grandfather, Earl W. Rucker, as a World War II veteran.  ...