Fort Worth Injury Attorney Blog
An insured driver, Jimmy R. Valsin, has filed a lawsuit against his own auto insurance carrier for damages after he was injured in an multi-vehicle auto accident. His auto insurance carrier, Farmers Texas County Mutual Insurance Company, refused to pay a claim under Valsin’s Uninsured – Underinsured Motorist Coverage policy. The lawsuit alleges that Brittney Renee Vasquez lost control of her vehicle causing her to strike another vehicle which became disabled on the road. According to the complaint, Plaintiff Valsin then struck the disabled vehicle in the road and was then rear-ended by another vehicle. Vasquez was driving a vehicle owned by Edder Espinoza. The vehicle that Vasquez was driving was uninsured.
After the accident, Valsin was treated for injuries sustained in the auto accident and presented a claim for damages to his own auto insurance carrier under his Uninsured Underinsured Motorist Coverage policy. Farmers failed to pay on Mr. Valsin’s personal injury claim.
Valsin alleges in his lawsuit that Vasquez was negligent and caused the accident by failure to control speed, failure to maintain a proper lookout, failure to keep control of her vehicle, and failure to keep her vehicle in proper working condition. Valsin also alleges that car owner Espinoza negligently permitted Vasquez to drive her vehicle when she was not competent to do so, failed to maintain liability insurance on his vehicle, and negligently entrusted Vasquez to drive his uninsured vehicle.
In his complaint, Valsin asserts that he has sustained multiple injuries from the auto accident causing pain and suffering, mental anguish, and physical impairment. Plaintiff Valsin seeks judgment for damages sustained plus other court associated costs including attorney fees and other relief the court deem just.
Although Valsin had the foresight to purchase additional auto insurance coverage in the form of Uninsured Underinsured Motorist Coverage (or UM), he was still faced with the dilemma of having to file a lawsuit in order to recover his resulting damages from an auto accident. UM coverage is important to have to protect a driver who is injured as a result of a negligent driver who either has no liability insurance (Uninsured) or has liability coverage but not enough to cover the damages of the person he has injured (Underinsured). When you have UM motorist coverage and you are injured by an uninsured or underinsured negligent driver, your own UM carrier steps into the shoes of the wrong-doer and negotiates (and ultimately pays on) your personal injury claim as if they were the negligent driver’s auto insurance company.
In Mr. Valsin’s case, however, the UM carrier failed to pay on his claim under his Uninsured Underinsured Motorist Coverage policy. The Reyes Law Firm, PC has over twenty-five years of litigating auto accident claims, including scenarios like Mr. Valsin’s where a UM carrier fails to negotiate or offer compensation on a UM claim. Our office is experienced in investigating the accident, compiling the data and evidence needed to pursue a recovery for an injury caused by the negligence of another party. Don’t try and fight the negligent driver’s insurance company or even your own insurance company alone. If you have been injured as a result of someone else’s negligence, seek legal representation to insure that all of your rights to fair compensation are fulfilled.
Additional Sources:
Man says insurance company failed to pay for injuries, The Southeast Texas Record, October 22, 2014