Palacios, TX Personal Injury Law Firms & Lawyers

The reason you have insurance is to protect you in the event that your car, or anyone driving it with your permission, is responsible for causing an accident and resulting injury. While the driver's insurance should be primary on the injury claims, if there are any, your insurance should be primary on your property damage claim. While her insurance may be willing to pay for your property damage, the reason you have insurance is to repair your vehicle when it is damaged, whether your fault or not. You have a first party contractual relationship with your carrier and as a result they must treat you fairly, while you have no such relationship with the driver's insurance. Therefore, they don't have to repair disputed damage, nor do they have to repair it in a reasonable period of time. If you pursue repairs through your own carrier, they will subrogate the amount they pay to repair your vehicle, meaning they will pursue reimbursement from the driver's carrier. Therefore, instead of dealing with a company with which you have no relationship and hence no real leverage over, you should pursue your property damage repairs through your own carrier and let them go get it from the other company. Given the accident is not your fault and your carrier will be getting reimbursement there should be no adverse effect on your premiums.

If you really think the apartment caused your breathing problems you ought to move before nightfall. If your doctor will say the apartment caused your problems then the question becomes whether the landlord did what is reasonable about maintenance. If he did not properly maintain the property and that was the direct cause of your health situation and the doctor is willing to say that your claim may fly. It is always a problem of connecting things up and usually this must be done by doctors and labs. And doctors don't like to gu3ess at things or take chances or render opinions that might be contradicted and make them look silly in court. So find a strong doctors opinion and get a good PI lawyer. It aint easy. The legislature protects doctors as a political matter and doctors don't take many chances.

The less than $200 charge was a criminal matter, which does not always equate to a civil case. That said, you have every right to make this guy prove his case, including all alleged damages, so that he can only claim his actual incurred damages and not a lot of exaggerated figures. If you had auto insurance at the time, you need to let them handle it for you. Otherwise, you can decide to settle with him or not. If not, the worst thing that happens is he files a lawsuit, in which case he will have to prove his damages to the court.