Expert: Bennie719 - 7/15/2008

Question
I was sitting still to make a left into my driveway on a 2 lane highway when a truck hit me going at least 70mph, that's the speed limit and this is Texas. We were the only 2 vehicles on that side of the road, and he was about a 1/2 mile behind me when I was stopped. He claimed he didn't see me, but also said he was on the cell phone not paying attention. I've got witnesses from the other direction who saw the wreck. Of course, my body hurts but its more in the neck and my left arm.
Now, I've got a letter from the adjuster claiming its just for the truck value(property damage release), but it sounds like it reads as if I'm releasing all and any claims.
 This is the first time I've ever been through anything like this, and don't like how his claims people have dealt with me so far. What do I do? What are my rights?

Answer
Hi Billy,
This first letter should be for property damages only and for an amount that each of you have agreed is a fair market value for your vehicle.
If you can't clearly understand the release, drop by your own insurance company and have them look it over to be sure everything
is in order.

In addition to the damage to your vehicle, you are entitled to a settlement for your medical bills, pain & suffering, lost wages and and temporary or permanent disabilities.

Under Texas law, you have two (2) years from the date of the accident to settle the injury claim directly with the adverse insurance company.

If, after 18 months, you have not recovered from your injuries, you should consult with a personal injury attorney who has trial experience.  You can call your county attorney referral association and they will give you 4-6 qualified attorneys to contact.  This is a free service.
The attorney usually charges $20 for the first 30 minute consultation.
You may have to consult with two or more attorneys before you find the one that you feel the most comfortable with.

Good Luck,
Bennie