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Car Wrecks and Personal Injury FAQ

Please be advised that the laws and rules related personal injury law and car wrecks are complex.  The answers provided in response to frequently asked questions is not meant to be considered legal advice and in no way constitutes a lawyer-client relationship.  To receive specific legal advice concerning the facts of your personal injury or car wreck contact the lawyers of Allison & Ward Attorneys at Law.

I was in a car wreck that was not my fault and my car is totaled but the insurance company is not paying enough for my car. What should I do?

If you have been involved in a car accident that was not your fault that resulted in your car being totaled by the defendant’s insurance company, contact the attorneys at Allison & Ward.  We do not charge any fee for assisting you with your property damage claim.  If our lawyers represent you for your personal injuries, we can negotiate your property damage claim for you without charging you anything for the property damage portion of your case.  We can help you understand how the insurance company has valued your car and the additional damages for which you may be compensated.

I was in a car wreck and now the hospital says it has filed a lien. What do I do?

Texas law allows hospitals, in some cases, to file a lien against any personal injury settlement or judgment you receive from a negligent party.  The lien is filed in the property records for the county where you were treated and only attaches to the judgment or settlement of your personal injury case.  The hospital lien does not attach to your home or other property you own.  There are specific requirements which must be met for the hospital to have a valid lien.   Contact us if you have received notice of a hospital lien.

What is Personal Injury Protection and how is it different than MedPay?

Personal Injury Protection, called “PIP” and MedPay are no fault accident insurance policies that are often sold with your car insurance.  The main differences between Personal Injury Protection and MedPay is that PIP covers reasonable and necessary medical expenses and 80% of your lost time from work up to the PIP policy limit.  It is possible to stack PIP insurance policies to recover more money for your medical bills and lost wages.  MedPay is an accident insurance policy that covers reasonable and necessary medical expenses up to the policy limit. It does not cover lost wages.  Also, once you receive a judgment or settlement against the negligent party, your PIP insurance carrier only receives it money back if it also paid for damages through your liability coverage.   MedPay does have a right of subrogation, meaning in many cases, a right to be paid back what it has paid..  If you have questions regarding PIP or MedPay contact us so that we can review the specific facts of your case with you.

I was hit by an uninsured driver. What do I do?

Unfortunately, there are quite a few uninsured drivers on the roads.  If you are involved in a car wreck with an uninsured driver you still have the right to sue the negligent person for damages you sustained as a result of their negligence.  You may also be covered by other insurance such as uninsured motorist coverage.  Contact the lawyers of Allison & Ward if you have questions regarding your car accident so that our lawyers can speak with, review the facts of your case, and determine if we can represent you for your personal injuries sustained as the result of someone else’s negligence.

My health insurance company is not covering my medical treatment after my car accident. What should I do?

Contact the lawyers at Allison & Ward.  We have been representing clients injured in car accidents for a combined forty years.  We can work with your health insurance company to have your medical treatment covered and to resolve any subrogation interests your health insurance company has in your personal injury judgment or settlement.

I hurt my neck and back in a car wreck and need medical treatment. Can the lawyers at Allison & Ward help me?

The attorneys at Allison & Ward have been helping car accident victims in Austin for a combined forty years.  Our attorneys have helped hundreds of individuals who have suffered neck and back injuries in car wrecks.  Contact Allison & Ward to speak with an attorney who will review the specific facts of your case and determine if we can represent you regarding your neck and back injuries.  If we can represent you, we will assist you with finding medical care for your injuries.