Comments on: Injustice in Texas http://dallaspersonalinjurylawblog.com/2007/07/11/injustice-in-texas/ A Discussion of Personal Injury Laws Affecting Texas Citizens Sun, 28 Jun 2009 02:17:18 -0700 http://wordpress.org/?v=2.9.2 hourly 1 By: Dina Steele http://dallaspersonalinjurylawblog.com/2007/07/11/injustice-in-texas/comment-page-1/#comment-29 Dina Steele Sun, 23 Sep 2007 17:17:30 +0000 http://dallaspersonalinjurylawblog.com/?p=19#comment-29 Mike - The weakness in your approach is that under the law the opposing driver's insurance does not owe you any duty. Their duty is owed to their insured. The typical approach is to sue the opposing driver and, after obtaining a judgment, release the opposing driver from the judgment in exchange for his or her right of action agaist his own insurance company. It is also vital that you obtain a copy of the actual policy for the opposing driver. If your accident occurred less than 2 years ago, then you should still have time to modify your suit to include the opposing driver. There may also be additional causes of action that you could consider. Feel free to contact me if you would like to discuss this further. You may obtain all of my contact information at www.steelelawfirm.com Mike -

The weakness in your approach is that under the law the opposing driver’s insurance does not owe you any duty. Their duty is owed to their insured. The typical approach is to sue the opposing driver and, after obtaining a judgment, release the opposing driver from the judgment in exchange for his or her right of action agaist his own insurance company. It is also vital that you obtain a copy of the actual policy for the opposing driver. If your accident occurred less than 2 years ago, then you should still have time to modify your suit to include the opposing driver. There may also be additional causes of action that you could consider. Feel free to contact me if you would like to discuss this further. You may obtain all of my contact information at http://www.steelelawfirm.com

]]> By: daddee2000 http://dallaspersonalinjurylawblog.com/2007/07/11/injustice-in-texas/comment-page-1/#comment-28 daddee2000 Sun, 23 Sep 2007 05:18:50 +0000 http://dallaspersonalinjurylawblog.com/?p=19#comment-28 There are auto insurers and their MGA's out there excluding family members from auto policies just because they show up as living at the same specific address on a data search. If you are injured in an accident as i was hit by one of these excluded drivers as she ran a red light and hit me while i was on my motorcycle they use this exclusion as the reason to deny the claim. I understand that people can be legally excluded from policies under circumstances such as having a revoked or suspended drivers license or a history of reckless driving, but "Just because they live at the address" I'm sueing the insurer and MGA Pro se. My suit is not for damages for the motorcycle accident, it is for Unfair Methods of Competition and Unfair or Deceptive Acts or Practices as described in the Insurance Code. My goal is to have this practice of exclusion declared illegal freeing the people that have been denied claims to be reimburse their losses. Do you have any advice for me. Thanks, Mike There are auto insurers and their MGA’s out there excluding family members from auto policies just because they show up as living at the same specific address on a data search. If you are injured in an accident as i was hit by one of these excluded drivers as she ran a red light and hit me while i was on my motorcycle they use this exclusion as the reason to deny the claim. I understand that people can be legally excluded from policies under circumstances such as having a revoked or suspended drivers license or a history of reckless driving, but “Just because they live at the address” I’m sueing the insurer and MGA Pro se. My suit is not for damages for the motorcycle accident, it is for Unfair Methods of Competition and Unfair or Deceptive Acts or Practices as described in the Insurance Code. My goal is to have this practice of exclusion declared illegal freeing the people that have been denied claims to be reimburse their losses. Do you have any advice for me.

Thanks, Mike

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