Feb 10, 2015 | car crash, cell phones, personal injury
Let’s face it. You will probably be involved in a wreck at some point in your driving life. My last blog covered what to do if you are involved in a wreck that is not your fault. Today I’m covering it from the other side, what to do when you are at fault. The general assumption is that your insurance company will protect you. That assumption could be wrong. Here are things that as an attorney who represents people injured in the wreck that I think you should know. (I would prefer that you didn’t know some of them, but you should know them.) The first three are familiar if you read my last blog. You can put this in your vehicles with your other papers. Hopefully you will never need to use it.
1. Call 911 if anyone is injured or vehicles cannot be moved.
2. Call your insurance company to report the wreck. Most policies require that you notify them of any wreck you are in and failure to do so could impact your coverage and you want to make sure you are covered if the other side makes a claim against you.
3. Take pictures of vehicles, position of vehicles, law enforcement and first responder vehicles and surrounding area. Take pictures of the drivers of the other vehicles and any witnesses. Take pictures of insurance information and Driver License of all drivers of all involved vehicles and driver license of witnesses. You probably get the idea – take lots of pictures – better to have the picture and not need it than to need it and not have it.
4. Do not post anything on Facebook, twitter, etc. about the wreck. It will be found and used. If you post on social media it will not help your claim. Also if you try and make it sound like it wasn’t your fault when it clearly was it will make things even worse. Just stay off social media about the wreck and make sure your friends and family do as well. Your insurance adjuster and defense attorney would probably prefer you just stayed completely off until after the case is settled or the trial.
5. Request in writing that your insurance company defend you in all claims and lawsuits which may be brought against you as a result of the wreck. Do this as soon as possible following the wreck. Send it certified and keep a copy. There are some insurance companies which take the position that unless you request they defend you in writing that they have no duty to do so. That can leave you personally responsible for all the other driver’s damages even though you had insurance which should have protected you.
6. Request in writing that your insurance company provide you with written notice and copy you on all offers, demands, claims and lawsuits related to the wreck. Do this as soon as possible following the wreck. Send it certified and keep a copy. I have seen several instances in which the other drivers insurance company either never told the person who caused the wreck of our offer to settle before suing them or in a few cases misled the driver about their offer – telling them we refused to accept the policy limits when it was never offered. Make sure you get the actual offers and demands so you know what is going on.
7. Talk to a lawyer. While we generally represent people injured in wrecks caused by an at fault driver. We have also represented people who have required personal counsel to make sure their own insurance company did the right thing in protecting them and paying the claim. Sometimes an insurance company forgets that it should protect its insured rather than its own profits.
Carpenter & Carpenter, P.C. 281-565-5900
carpentercarpenter.com
Jan 10, 2015 | Uncategorized
If you, someone in your family, or a friend is in a wreck there is usually a lot going on after the wreck. Other cars are trying to get around you, you are scared and hurt, trying to get and give information and just generally adjust to the shock of the wreck. You can put this in your vehicles with your other papers. Hopefully you will never need to use it.
1. Call 911 if anyone is injured or vehicles cannot be moved.
2. Call your spouse, parents, etc. (If a minor call your parents -NOW) – start with I’m ok, if you are, or how you are and give them location of wreck. Then listen to what they tell you and answer any questions. They will probably be able to help provide you some insight and calm as their body is not having an adrenaline spike.
3. Take pictures of vehicles, position of vehicles, law enforcement and first responder vehicles and surrounding area.
4. Take pictures of the drivers of the other vehicles and any witnesses.
5. Take pictures of insurance information and Driver License of all drivers of all involved vehicles and driver license of witnesses.
6. Take a video/audio of what other driver is claiming happened and as well as any witnesses.
7. Call your insurance company to report the wreck. Most policies require that you notify them of any wreck you are in and failure to do so could impact your coverage and you want to make sure you are covered if the other side makes a claim against you.
Carpenter & Carpenter, P.C. 281-565-5900
carpentercarpenter.com
Dec 17, 2014 | Uncategorized
I love living in Texas – there is nothing like shopping for Christmas presents while wearing shorts and short sleeves. However you should be aware that while you are out Christmas shopping, picking up packages, going out to lunch and dinner with friends and family, there are others who are out looking to steal from you. Below are some specific tips to help you stay safe while you are shopping and out and about in this holiday season. The number one tip is to stay alert and never assume that where you are is “safe”.
Parking Areas:
Make sure you remember where you parked by noticing the landmarks to help you find your car later;
Get in and out quickly. Park in a well-lit area. Do not sit in your car or leave doors open while you put stuff in the car. Have your keys in your hand and be ready to push your car alarm if necessary. Do not be fumbling for your keys as you approach your car. Make sure to check in, around and under your car before getting near it or in it;
Beware of strangers approaching you for any reason. If you see anyone who appears suspicious or seems to be loitering notify the police or mall security;
Do not leave packages visible in your car windows. Lock them in the trunk, or if possible, take them directly home.
Don’t leave phones, purses, chargers (which shows you may have a phone in the car) etc. or any other item of value in your parked car where they can be seen.
If you are entering through a store, make sure you know what time it closes so that you do not have to walk around outside of the store to get back to your car.
General Information:
Shop during daytime if possible. If you plan on shopping at night try and go with friend or family member;
Do not carry a purse, or backpack as they are prime targets for pickpockets and thieves particularly in crowded shopping areas, buses, etc.;
Dress comfortably and avoid wearing expensive jewelry;
Take only the ID and credit/debit cards you will need for the trip. Keep your wallet, cash, etc. in your front pockets;
Stay focused on area around you. While you are concentrating on what to buy, others may be focused on how to steal from you. Don’t read texts or emails while you are shopping if you can avoid it.
In stores:
Do not let your guard down in the store. This is a perfect area for a thief to take something while you are distracted with your shopping. Don’t leave purses, phones, etc. in the shopping cart, and don’t leave your purse open or slung across your back.
Identity theft prevention:
Keep your debit/credit card in sight at all times. Cover the keypad when entering pin number or any other information as you check out or use the ATM. If you lose your card notify the card company immediately and report loss/theft to police. You can also put fraud alert on your account through Equifax, and other credit reporting agencies. Keep a record of all of your credit card numbers and company contact numbers in a safe place at home so that if you lose your card(s) you have the information necessary to cancel them quickly.
With a little extra effort you can keep your holidays as stress free and enjoyable as possible! Wishing you a wonderful holiday!!!
Nov 24, 2014 | Uncategorized
By Kathy Carpenter
The November Ipmact a Hero Race in Sugar Land, Texas
This past weekend I was privileged to run in the Impact a Hero race which took place right here in Sugar Land, Texas. The Impact a Hero organization has been active for ten years, and in 2005, Sugar Land was one of the first cities to host a partnership event. Due to the incredible growth and participation, the event moved to downtown Houston and is now held at NRG Park each May.
It was great to have the event return for a November race in Sugar Land. As I ran (and walked!) next to some neighbors I have known for over a decade, I was moved by the pride, gratitude and strength of our community and by the tremendous sacrifices of the veterans who participated in this race. Brent and I have been Sugar Land residents since 1990 and it’s truly incredible to see how far the area has progressed in the past twenty plus years. Our kids rode bikes on the Grand Parkway before it was finished, and I still remember when Town Center was an open lot that hosted the Sugar Festival, before Walmart and Whataburger and overpasses, when the only retail on Highway 90 was a cleaners in a little yellow house. Through all these changes, the outpouring of caring and the generosity of the residents of Sugar Land has been a constant.
It is not surprising to me that the community of Sugar Land was one of the first to partner with Impact a Hero. It was that sense of welcoming and investment in community that drew Brent and I and eventually our law firm to Sugar Land. I am so proud to be a part of this great community and it was an honor to participate in the Impact a Hero event as we showed our gratitude to those who protect our country.
As we give thanks for our many blessings this week, we are also mindful of the tremendous sacrifices our military men and women make for us every day.
To learn more about the Impact a Hero organization please visit their website: http://impactplayer.org/
Oct 28, 2014 | Uncategorized
Early voting ends this Friday. I hear people complain about this elected official or that one, but then they don’t take the time to vote. Early voting is quick and easy and saves you time on election day. Take advantage of the opportunity. Another voting related issue I hear often is both parties complaining that the other party is just a mindless bunch of followers without any independent thinking or evaluation. Then these same people brag about voting a straight ticket. A straight ticket for either party has the very real probability of having less qualified judges and officials elected just because they have a R or D by their names. In past elections, counties across Texas have lost very good judges from both parties because of straight ticket voting. If you are like me you want a judge who will follow the law and rule accordingly without thought of party politics. I wouldn’t want a judge who would campaign on limiting a Texans right to open courts or any access which the law allows. I have prepared a list of the candidates I support and will be happy to send them to anyone who subscribes to my blog and requests a copy. (Spoiler alert – it is not a straight ticket)
