One of the most common questions our clients involved in auto accidents ask is how much their settlement is worth, and how often auto accident settlements exceed the policy limits in Texas. The answer, like many questions asked about the law, is that it depends. While it is possible for a settlement to exceed the policy limits, it does not happen very often. There are complex rules about collecting personal injury settlements that exceed insurance policy limits that only an experienced auto accident attorney should handle. For perspective on your case, schedule a free consultation with a knowledgeable attorney at the Milano Legal Group in Houston today. Texas Auto Insurance Policy Limits Texas law requires that all drivers maintain auto insurance on their vehicles that includes liability coverage in case of an accident. The minimum limits for liability coverage are $30,000 for bodily injury to a single person, $60,000 for bodily injury for any one accident, and $25,000 in property damage coverage. It is possible to obtain more coverage than the minimum coverage amounts, but it is completely dependent on the driver. In a typical car accident case, an insurance company will pay up to the policy limits for their at fault driver in an accident. In order to collect more than the policy limits in an accident, the victim must go after the personal assets of the at fault party. Civil Judgements for Accident Cases For cases that exceed the policy limits in compensation, Texas law allows for a victim to go after the personal assets of the person at fault for the accident. However, property is split into two categories: exempt and non-exempt assets, and civil judgements may only collect on non-exempt property. Exempt property includes the primary residence, car, wages, vehicles and equipment used in that person’s trade, personal furnishings, some retirements accounts, and other items of property. Non-exempt assets refer to items such as a vacation home, additional cars, certain retirement accounts, and a few other limited assets. As such, it can be difficult to collect compensation for settlements that go beyond the policy limits in an auto accident. One exception to this rule is the Stowers doctrine. Under this rule, if your attorney offered a reasonable settlement within the policy limits that was rejected, and the court awards you with compensation beyond the policy limits, the person at fault for the accident can go after their own insurance company for the money owed to the victim beyond the auto policy limits. These issues can get incredibly complex, so it is critical that you have a knowledgeable attorney by your side to ensure that you receive the full compensation owed for your injuries. Call or Contact the Office Now For a free consultation of your car accident case, call the office or contact us at the Milano Legal Group to speak with an experienced auto accident attorney in Houston about your claims today.
Being involved in a car accident is a scary, confusing, and often painful experience. There are a multitude of things that you must consider and focus on immediately after an accident, such as medical treatment, rental cars, your job, and your family. Remembering to file a claim for injuries can fall down the priority list, but it is critical that you file a claim in order to receive compensation for your damages after a crash. Texas law provides only a small window in which you can file a lawsuit for your injuries after an accident and securing the services of an experienced Houston car accident lawyer will ensure that your claim is preserved in court. To learn more about how long you have after an accident to file a case, call or contact the professionals at the Milano Legal Group in Houston today. Texas Statute of Limitations In order to avoid buildup in the court system and to avoid lawsuits being filed long after the initial incident, all states have limits on how long a person has to file a lawsuit for damages in court. This is known as the statute of limitations, and failure to file a claim within the statute of limitations can result in your case being thrown out of court. This bars you from recovering compensation for the injuries sustained in an accident that was not your fault. In Texas, all personal injury cases, including car accident cases, have a statute of limitations of two years from the date of the accident in which to file a claim. The two-year limit applies to all types of vehicle accidents where a person is injured, including car, truck, and motorcycle accidents. However, there is one exception to the two year rule, which occurs when the accident involves a state government entity. If the accident involves a state entity or government employee, you must first file a claim with the government within six months of the original accident. Failure to do so can invalidate your case for damages even if you file a lawsuit in court within the two-year statute of limitations. An experienced personal injury attorney will be able to review your claims to ensure that all procedural requirements like the statute of limitations are met in order to secure your case. It is important to note that the statute of limitations does not require that the entire court case be settled within two years of the accident, merely that the case is filed in court to preserve the claims. Depending on the complexity of your car accident case, settlement could happen much quicker or take longer than the two years limitations windows. Talk to Our Office Today At the Milano Legal Group, we pride ourselves on making the case process as easy and painless as possible for our clients that are already suffering from injuries inflicted in an accident. To schedule a free consultation of your claims, call or contact our office in Houston today.
A total of 640 people died last year on Houston-area roads, trailing only Dallas as the deadliest major metro area in the nation. If you or a loved one has been involved in an accident in the metro Houston, it is critical that you get a copy of your Harris County crash report. Whether or not you were injured, obtaining this form is critical should you pursue a personal injury claim. Your Houston car accident attorney will want to review the accident report as part of their investigation and will use it to build a strong, convincing case on your behalf. How to Get Your Harris County Police Department Accident Report Online Harris County accident reports can be obtained online at the Harris County Sheriff’s Department website for $6.00. A certified copy can be ordered for $8.00. To order your online accident report, you will need to provide the following information: State Jurisdiction And one of the following: Report Number Last Name Date of Incident Location Street Name(s) How to Get Your Harris County Police Department Accident Report In-Person You may visit any of the below locations to purchase a report: District 1 Substation – 6831 Cypresswood, Spring, Texas 77379 832-927-2997 District 2 Substation – 7900 Will Clayton, Humble, Texas 77338 281-446-9155 District 3 Substation – 14350 Wallisville, Houston, Texas 77049 713-455-8050 District 4 Substation – 16715 Clay Rd., Houston, Texas 77084 832-927-7200 District 5 Substation – 23828 Tomball Pkwy., Tomball, Texas 77375 832-927-2140 After You Get Your Harris County Accident Report, Get Help with Your Case If you need assistance in obtaining your report or seeking justice, contact the Milano Legal Group today for a free, no strings attached case evaluation.
Fort Worth is the fifth deadliest city for auto accidents in the state of Texas, with over 16,000 crashes involving 84 fatalities in 2018. If you or a loved one has been involved in an accident, it is critical that you get a copy of your Fort Worth car accident report. Accident reports can serve as crucial evidence when filing a claim for your car accident damages and injuries. How to Get Your Fort Worth Police Department Accident Report Online Fort Worth accident reports can be obtained online at the Fort Worth Police Department’s website for $11.00. To order your online accident report, you will need to provide the following information: Report Number Incident Date Incident Location Intersecting Street (if applicable) Involved Last Name Involved Driver’s License# Insurance Company How to Get Your Crash Report In-Person Fort Worth accident reports can be picked up in person at the Fort Worth Police Records Division located at: 1000 Calvert Street Fort Worth, TX 76107 Their customer service hours are Monday through Friday from 7 a.m. to 5 p.m. How to Get Your Crash Report By Mail To request your crash report by mail, you will need to fill out a customer order form and send the form along with a money order in the amount of $6.00 (payable to the Forth Worth Police Department), along with a self-addressed stamped envelope, to: Fort Worth Police Records Division 350 West Belknap St. Fort Worth, Texas 76102-2004 If you choose to request an accident report through the mail there is an additional search fee of $6.00. After You Get Your Fort Worth Accident Report, Get Help with Your Case If you or a loved one were involved in a car accident, it is important that you get your Fort Worth Accident Report right away. If you need help obtaining your report or filing your case, contact the Milano Legal Group today for a free case evaluation. Our Houston car accident lawyers are eager to help you get justice.