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  #1  
Old 03-24-2006, 12:32 PM
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Join Date: Mar 2006
Posts: 1

aunt got hit attorneys & insurance will not help


What is the name of your state? TX
I don't know where else to ask and I'm hoping someone in this forum can direct me in the right direction. My aunt got hit by a truck on her way to work a few weeks ago. She made her complete stop and didn't see anyone so she drove on. Out of nowhere a truck appears and hits her from the driver's side. She suffered injuries that have her now confined to bed for the next months. She only carried liability but the insurance company is refusing to help her out at all. They didn't even ask for pictures or anything. She was visited by some attorneys that in the end said they couldn't help her bc she wasn't a citizen. However, I don' t see the relevance of her citizenship to this case. She lives and works in the US legally with permission from Homeland Security (INS) and pays her taxes every year.
Her daughter took pictures of the car with her cell phone camera in case either insurance agencies asked for them. However, neither companies have bothered. I'm inclined to say that due to my aunt's inability to speak English well, the insurance has brushed her off to avoid paying any claims. But language didn't seem a problem when she was first insured and while she payed on a timely basis. Now since her attorneys dropped the case, the doctor has refused to keep seeing her claiming that without a chance of anyone paying for his services, she can no longer continue being his patient. Unfortunately, I live in San Antonio and she lives in Dallas. Her daughter is completely useless for a college student so I have no way of helping her from here except with information. Does a case like this require an immigration attorney? Is there an organization or someone that can help her out? What they are doing is ridiculous, especially denying her any kind of assistance bc of her migratory status. Even illegal aliens that enter this country illegally have some kind of rights, how can she be denied help when she's here legally?
Any advice, further information or contacts are appreciated.
  #2  
Old 03-24-2006, 12:43 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
First suggestion would be to find an attorney that preferably speaks her language. You don't say what language that is but from the location (and your screenname) I'm guessing Spanish....it really should not be at ALL hard to find a spanish-speaking attorney in San Antonio. But here are some things that stick out to me.

She only carried liability insurance. So her car is definitely not going to be covered by that.

Does she have first-party medical coverage? Anyone know if TX is a no-fault state? If she has that coverage then her auto insurance HAS to pay her medical bills.

Was she considered at fault in the accident? Hard to tell from your description of what happened. If she was at an intersection where she had a stop sign, and the other driver did not, then she may be considered at fault, unless there's evidence that the other driver was being seriously reckless (really excessive speeding). And if she's found at fault in the accident, then go back to her only having liability coverage which does not cover her vehicle at all, ever. If she was NOT found at fault, then she could go after the other driver's insurance for her car repair and pain and suffering...and that's how a lawyer would help her.

But it sounds most likely to me that they wouldn't take her case because the accident was her fault, and she just couldn't understand their explanations. Which goes back to her getting a consultation with one who speaks her language; even if he/she can't take the case, they'd at least be able to fully explain it so your aunt can understand it.
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