
Insurance Claim
Collum Law Firm handles insurance claims, and represents individual and commercial insurance policyholders against insurance companies. Joshua Collum has recovered significant settlements for his clients after their insurers improperly denied claims or underpaid claims.
Joshua Collum has experience with insurance claims in a wide variety of contexts, such as:
● Automobile Insurance
● Insurance Bad Faith
● Underpayment of Claims
● Homeowners/Property insurance
● Commercial and Business Insurance
If your person or property has been injured or damages and you believe that an insurance policy may cover the damages, call the insurance claim lawyers at Collum Law Firm to discuss your case and determine if we may be able to assist you with the insurance claim, and deal with the insurance company on your behalf, with no risk to you. You only pay us if we prevail against the insurance carrier on the claim.
Automobile Insurance
Motor vehicle accidents are a common occurrence in the state of Texas, however, they happen so fast that one is left puzzled about the incident that just occurred. The shock of the collision leaves one in shambles and confused as to what to do. Are you hurt? Is your car operable? What parties were involved? Were there any witnesses? Trying to answer all this at once is a grueling task and leaves many overwhelmed about where to start. Automobile insurance covers incidents such as:
● Single car accidents- Not all car insurance claims will have multiple drivers involved. This type of claim involves only a single driver that has damaged their vehicle by hitting something on the road, backing up into a sign, or even hitting a mailbox.
● Rear-end collisions- This type of incident involves one driver hitting either the back end or driver’s side part of another driver’s vehicle.
● Windshield damage- The windshield of an automobile is a vital factor in the safety of the driver. Whether it was an internal or external factor that caused the damage, a car’s windshield should always be free of any cracks or chips.
● Weather damage- These claims any damage that was caused to your car by the factors of the weather such as floods, hail, and snow.
● Vandalism- This includes any type of criminal-related activities that lead to your car being damaged.
● Stolen Car- These types of claims involve the theft of a policyholder’s vehicle.
● Damage to parked car- This involves any damage that is done to a policyholder’s car while they are away from their vehicle.
Car incidents in Texas are especially tricky as the state poses its own set of unique challenges and complexities defined by the law. The attorneys here at Collum Law Firm have the knowledge and experience to deal with state-specific legal nuances and win against formidable insurance companies. Our attorneys care and will do anything possible to make sure that you get the recompensation that you deserve.
What is full coverage
What does it mean to have “full coverage” on your car?
Many people use this term synonymously with collision coverage, which would cover damage to a policyholder’s vehicle regardless of fault. Subject to payment of the stated deductible, the insurance carrier is going to cover the cost of either the repairs or the total loss payout if the repairs are going to cost more than the actual cash value of the vehicle on the day it was destroyed.
People who do not have that collision coverage on their vehicle, whose vehicle or body is injured by the negligence of another, can still make claims against the third party who caused the damage to their vehicle or their injuries. That’s something that we help our client’s accomplish every single day at Collum Law Firm.
What if you get hit by a person with no insurance
Hit by a car that does not have insurance? I’m sorry. Your first question should probably be, “What kind of insurance coverage do I have on my own car?”
Anyone driving a vehicle on Texas roadways is required to have liability coverage-like the person who caused your wreck should have had. Most people know that “collision” coverage on your/their vehicle can help with the vehicle damage situation, but if you have uninsured motorist/ underinsured motorist property damage/bodily injury and your case falls within the conditions of the policy then that is going to not only be a better option for property damage because normally the uninsured motorist/underinsured motorist property damage deductible is going to be lower than the collision deductible.
Perhaps more importantly, uninsured motorist/underinsured motorist will also make a bodily injury claim if you are injured, which is where an experienced attorney can help. We at Collum Law Firm strongly encourage all drivers who are driving on Texas roadways to talk to your insurance agent about obtaining uninsured motorist/underinsured motorist property damage/bodily coverage to make sure that if you are hit by someone who doesn’t have insurance, you’re not left high and dry. If you are in this situation, call your agent and ask for your declarations page and make sure you avail yourself of whatever coverages you were paying in those premiums to have.
What is PIP
What is PIP? PIP stands for personal injury protection. This is another type of insurance so-called “No-fault” coverage that you can purchase through your own auto insurance carrier, and that will protect you by paying benefits for medical expenses and lost wages proximately resulting from a covered motor vehicle accident up to a set limit regardless of fault.
In many cases, in addition to potentially making a liability bodily injury claim against the at-fault driver, the victim can also make a PIP claim with your own insurance and collect those benefits in addition to the other driver’s liability coverage.
Because it is a no-fault coverage, you could also be in one car accident where it was just you, the driver’s fault, and you sustained injuries or lost some wages. You can collect the benefits if properly documented and submitted.
Can a person file a car insurance claim if they did not possess a valid driver’s license at the time of the accident?
One issue that we occasionally deal with in the context of motor vehicle collisions is having a client who did not possess a valid Texas driver’s license at the time of their collision.
Now, certainly it would be a different scenario if that driver maybe had moved from another state and simply hadn’t had the license transferred over yet. But someone who has simply never gotten the Texas driver’s license, that could certainly be used against the driver. Texas law says an automobile operator must possess a valid driver’s license.
But can the person’s status as an unlicensed driver be used against them in court? It’s a difficult question to answer because ultimately, it’s up to the trial judge to decide what evidence is admitted and what evidence is excluded. The answer is going to depend on whether the trial judge believes that the danger of unfair prejudice or misleading the jury as to the issues that are at issue in the case would substantially outweigh the probative value or the helpfulness of that evidence of the person’s status as an unlicensed driver.
Does my citizenship status affect my case
A common question is whether or not a victim’s status in this country as undocumented is going to affect the value or the validity of their personal injury case. If they’ve been injured by the negligence of another party, are they still able to bring claims here in Texas courts if they are not naturalized citizens of the United States?
The answer is yes! Many people have an understandable fear of coming forward to make these types of claims, fearing what will happen if the insurance company asks for their social security number. Or others that may fear calling law enforcement after an accident has occurred.
Our attorneys at Collum Law Firm encourage anyone, regardless of their status in this country, if you have been wronged, you should speak up and have an experienced legal professional stand up for you and protect your rights.
Insurance Bad Faith
As stated in Texas law, insurance companies are required to handle all insurance in good faith. However, insurance companies are infamously known for denying claims and using all types of stalling tactics. This also includes denying claims without conducting a proper investigation, misrepresenting policy information, and failing to provide a prompt settlement.
Underpayment of claims
Insurance adjusters are trained to use anything against you, so they will typically throw out low ball offers in the beginning as they know many people will jump at the first offer. Sometimes the insurance companies will be stubborn and refuse to negotiate which can turn into a stressful situation. This is when having the help from an experienced insurance claims attorney can help.
Homeowners/Property Insurance
Whether you rent/own a home, run a business, or own a condo chances are that you have homeowners/property insurance. This insurance is necessary as it provides coverage for any damage that might occur to your home or property. It allows you to rebuild any damage that could occur from natural disasters such as hurricanes or tropical storms.
As policyholders of these insurance companies, we are expected to pay our monthly premiums on time. So whenever an unfortunate accident happens that causes any destruction or damage to our home, we expect the insurance companies to provide us with all the help we may need to rebuild or pay off our homes. However this is not always the case as the adjusters of these insurance companies are trained to use anything they can against a policyholder to deny or reduce their settlement. This can be very frustrating, but having an experienced attorney can help lessen the stress of this situation.
Types of Property Insurance in Texas
The purpose of property insurance is to help the policyholder protect their home from a wide range of disasters. These policies provide assistance to a policyholder when they need to rebuild their home or business. In the state of Texas, insurance companies offer a variety of policies:
● Homeowners
● Commercial property
● Apartment
● Loss of use
● Condominiums
● Commercial general liability
● Builders risk
● Debris removal
Damage Covered by Property Insurance
Nobody ever plans to use their property insurance, but when a storm or other loss event occurs we are thankful to have it. It is important to read through your policy to determine exactly what type of coverage you have for your property.
A majority of insurance policies cover the same things. However, it is still crucial that you go over your policy declaration to clarify your policy-specific coverage. It would be an unfortunate situation if your property was to suffer damage only for you to find out that it was not covered.
Damages commonly protected under most property insurance policies include:
● Windstorms
● Hail
● Water damage
● Fire
● Lightning
● Theft
● Smoke
● Vandalism
Damages Not Covered by Property Insurance
It is important that you determine not only what is covered by your property insurance policy, but also what is not covered. A standard insurance policy will not cover all types of damage, such as rising flood waters. This is why at Collum Law Firm we urge everyone to go through their policy declaration.
Damages not typically covered by a standard property insurance policy:
● Rodent/Termite/Insect infestation
● Flooding
● Wear and tear
● Destroyed or damage to high-value items
● Pool accidents
● Trampoline accidents
● Mold
● Sinkholes
Commercial and Business Insurance
If you are planning to open a business or already are a business owner it is wise to explore your insurance options. Commercial general liability (CGL) is an insurance policy which protects business owners against property damage, third party personal injury claims, and slander or false advertising.
Although CGL insurance covers a wide range of things, it does have its limits. Similar to homeowners/property insurance you can extend your coverage by purchasing excess liability and umbrella liability.
If you are a current business owner and have made a claim against your CGL policy, you know how frustrating of a process this can be as the insurance company will stall or deny your claim. This when you need the help of an experienced commercial insurance liability lawyer.
What is Commercial General Liability
Commercial general liability (CGL) insurance also known as business liability insurance is what protects business owners from property damage, third party personal injury claims, and any slander or false advertising.
If there happened to be a natural disaster which would cause damage to a business owner's property, this would be covered under CGL. Likewise, if one causes damage while renovating the business space, the landlord would want recompensation for the damages; this is also covered by CGL.
Say someone slips and falls or trips and falls while inside your business and they want to sue for their injuries and medical expenses. CGL policies are designed to help business owners pay for these expenses.
If you are running an ad campaign against rival businesses which are deemed to have gone too far by the competition and they want to sue. Your CGL policy will help you deal with this situation.
Excess Liability and Umbrella Liability
As mentioned above you can purchase extended coverage such as excess liability which will help when your expenses exceed your policy’s limits or umbrella liability which helps expand the types of claims that you can make under your policy.
A CGL policy can also be classified into two types known as “occurrence” and “claims-made.” Occurrence policies cover any injury or damage claims made during the policy’s term, even claims that are made after the policy has expired. However, claims-made policies only cover injuries and damage claims that occurred and were reported during the policy’s term.
Exclusions in CGL Policies
All insurance policies have their set limits as to what they will and will not cover. At Collum Law Firm we stress the importance of business owners reading through their policy declaration. Typically, CGL policies exclude claims such as:
● Damages/Injuries caused by your own work- For example, if you build any type of construction and it collapses, your policy will not cover it.
● Intentional- This is when a policyholder knowingly causes damage or bodily injury to claim recompensation from their insurance.
● Pollution-Caused- Any bodily injuries caused by the discharge of harsh chemicals or pollutants from the business, are excluded in CGL.
● Liquor-Based- If the business is one that sells alcohol, CGL will exclude any damage or injuries caused by the usage of alcohol
● Goods and Services not performing as advertised- When a business fails to provide the quality of goods or services that they are advertising, it will not be covered under CGL.
Texas Insurance Claims Attorney
Have suffered damage to your property or person? Are you either in the process of making an insurance claim or considering doing so? To talk to an experienced lawyer about your rights and options in a dispute with an insurance company, call Collum Law Firm for a free case evaluation and rest assured that you are in the hands of some attorneys that care.