San Antonio Personal Injury Lawyer

Texas Drivers Encounter Problems When Making Auto Claims

Beth Janicek — Fri, 18 Nov 2011 16:59:19 GMT

Last week I told you about problems Texans were having when making first party claims against their own property insurance companies. This week there is another report of insurance companies denying meritorious claims. The focus this week is on third party auto coverage.

The Dallas Morning News reported this week that Fred Loya Insurance and Old American County Mutual Insurance, two major insurance companies who collected $271 million and $575 million in premiums respectively last year, lead the state in consumer complaints. Fred Loya had a complaint index of 2.4, nearly 2 ½ times the State rate, while Old American had a complaint index of 3.96, nearly 4 times the State rate. Old American is also accused of arbitrarily dropping coverage for hundreds of drivers who are involved in an a car wreck. The Texas Department of Insurance is investigating both companies.

Consumer complained of delays in processing claims, giving “lowball” offers that are clearly less than what is fair, denial of claims and disputing liability when no question was present.

John Smithee, a Republican member of the Texas House of Representatives and Chairman of the House Insurance Committee said that he frequently gets complaints from his constituents about unfair practices by insurance companies. He also added that insurance adjusters frequently tell injured drivers that if their claim is not paid, they will have to hire an attorney and wind up with little money anyway, thus coercing the party to take far less than the claim is actually worth.

Smithee’s solution to the problem, however, is anything but helpful to the wronged drivers of the state. He suggests mandatory arbitration to deal with disputed claims, a clear violation of the US and Texas Constitution. If the insurance department instituted mandatory arbitration, the insurance companies would certainly have the most say in who were the “arbitrators”. Insurance companies spend millions of dollars a year lobbying the Texas government, and recently Rick Perry appointed a former head of an insurance company and insurance industry insider, Eleanor Kitzman, as director of the Texas Department of Insurance. Mr. Smithee would better represent the people of this state if he fined insurance companies who were found to have violated the insurance code. He could also introduce a bill that would allow for a private cause of action to third party drivers for bad faith acts by insurance companies. This, instead of a farcical kangaroo court called “mandatory arbitration” would actually hold insurance companies accountable when they, as Mr. Smithee put it, “misbehave”.

Originally posted at InjuryBoard by Beth Janicek

Farmer’s Insurance Leads State in Consumer Complaints

Beth Janicek — Sun, 06 Nov 2011 13:51:53 GMT

The San Antonio Express News recently reported that Farmers Insurance received the most consumer complaints concerning homeowner claims for the last year. The findings were compiled by Texas Watch, an Austin based consumer watchdog group. Farmers received 207 complaints state wide from October 1, 2010 to September 30, 2011. Second was market leader State Farm, which received 198 complaints; third was Allstate Insurance, with 159 complaints.

Insurance companies are regulated by law in Texas. Generally, companies must start investigating a claim made by a first party insured within 15 days of the claim being made, unless specific notice of delay and supporting reasons are given to the claimant in writing. Companies also have only 15 days to accept or reject a claim of a first party insured. If the company accepts the claim, they have 5 days to pay. Any rejection must be explained in writing. If a company takes to too long to pay a claim of a first party insured, they can be additionally liable to the consumer for his or her reasonable attorney’s fees plus damages equal to 18 percent of the underlying claim.

If you are not receiving fair treatment from your insurance company you can make a complaint to theTexas Attorney General’s Office at (800) 252-8011.

Originally posted at InjuryBoard by Beth Janicek

Mexican Trucks Begin Entering Texas

Beth Janicek — Wed, 26 Oct 2011 08:53:13 GMT

A new pilot program is set to launch in the United States which will allow trucks from Mexico to enter the country. Previously, truckers from Mexico would drop their cargo at the border, where a domestic truck would pick it up. The provisions for the allowance of Mexican trucks was originally included in the North American Free Trade Agreement (NAFTA). The first truck entered Texas on Friday at Laredo, eventually winding up in Garland, Texas. The truck was delivering industrial equipment.

The concern for US drivers is that Mexican trucking companies are not subject to the same regulation and laws as US companies. A spokesman for one Mexican trucking company stated that his drivers are all drug tested and that all trucks are safe. Other issues are whether Mexican drivers are subject to the same limits on hours they may drive per day or speak English, whether Mexican trucks meet US safety standards, and the potential for criminal activity.

If a truck driven by a Mexican National or that is owned by a Mexican company causes an injury in the State of Texas, the foreign party can be liable for those damages in Texas. Drivers should always be diligent to ensure that all safety precautions are followed. Accidents with 18 wheelers can be deadly.

Originally posted at InjuryBoard by Beth Janicek

Beth Janicek back in the news on Retama Manor Case

Beth Janicek — Thu, 06 Oct 2011 11:45:07 GMT

Last week we told you about Paulino Lopez and his case against Retama Manor. You can read the blog here. Mr. Lopez died after a feeding tube was placed in his lungs. The story was featured on KRGV Channel 5 of the Rio Grande Valley.

This week Beth was back in the news on KRGV. This time she was talking about inadequate monitoring of nursing homes such as Retama Manor by the State. The video from the story is attached here, while the story can be read here. The story discussed State mandated staffing regulations for nursing homes. There is no minimum number of staff required by the State. Nursing homes are only required to have an adequate number of staff to properly care for all patients. The vague standard leaves residents of nursing homes vulnerable to understaffing, which can contribute to injuries.

Originally posted at InjuryBoard by Beth Janicek

Homebuilder Sentenced for Theft from Elderly

Beth Janicek — Tue, 04 Oct 2011 16:25:12 GMT

A San Antonio homebuilder was sentenced this week to deferred adjudication for stealing from an elderly customer in 2008. Frank Kurkal, a WWII Veteran, hired the homebuilder to build a home on Medina Lake in the San Antonio area for $285,000. When Mr. Kurkal made the final payment of over $100,000, construction on the home stopped. The homebuilder was indicted on one count of Theft from Elderly $100,000-$200,000, an Elder Fraud crime, which is a first degree felony. Deferred adjudication was allowed after the homebuilder made partial restitution to the estate of Mr. Kurkal. $65,000 is still owed.

This case is another example of elder abuse and the many forms it can take. While physical abuse and outright stealing are prominent, elders are often “ripped off” or taken advantage of in other ways. There are special protections for the elderly, such as the Theft from the Elderly statute that was utilized in Mr. Kurkal’s case. But civil causes of action are also available to those who are taken advantage of because of their age. This would include filing a private law suit to try and recover money lost. Other civil remedies include the Texas Deceptive Trade Practices Act and its treble damage awards, or suits for violations of fiduciary duties.

The Texas Department of Family and Protective Services offers these tips on how to recognize when an elderly person is the victim of financial abuse:

Sudden changes in bank account or banking practice.
Unexplained withdrawal of a lot of money by a person accompanying the victim.
Adding additional names on a bank signature card.
Unapproved withdrawal of funds using an ATM card.
Sudden changes in a will or other financial documents.
Unexplained missing funds or valuables.
Providing substandard care.
Unpaid bills despite having enough money.
Forged signature for financial transactions or for the titles of property.
Sudden appearance of previously uninvolved relatives claiming their rights to a person’s affairs and possessions.
Unexplained sudden transfer of assets.
Providing unnecessary services.
A complaint of financial exploitation.

Originally posted at InjuryBoard by Beth Janicek

Paulino Lopez Sues Harlingen Nursing Home

Beth Janicek — Fri, 30 Sep 2011 17:03:08 GMT

Yesterday my clients and I were featured on a local news broadcast by KRGV Channel 5 of the Rio Grande Valley. You can see the broadcast here and read the article detailing the case here.

I represent Paulino Lopez and his family. Mr. Lopez died from complications following his stay at Retama Manor Nursing Home in Harlingen, Texas. A feeding tube was incorrectly inserted into Mr. Lopez’s lungs, causing death.

Originally posted at InjuryBoard by Beth Janicek

Health Insurance Premiums Rise Again

Beth Janicek — Thu, 29 Sep 2011 17:55:28 GMT

Health insurance companies areraising their rates again. A study released yesterday by the Kaiser Family Foundation showed that annual premiums for a family rose 9% in the last year. The average cost of family coverage provided through an employer is now $15,073. The cost of health insurance has doubled since 2001.

The continued rise in the cost of health insurance is perfect example of the fallacy of “tort reform”. For years insurance companies and health care providers have sought to limit medical malpractice claims. One of the major justifications, if not the only justification, is that medical malpractice suits cost so much money to defend, resulting in rising health care costs for all persons seeking treatment.

But this report supports shows that medical malpractice suits have little to nothing to do with health care costs. The public’s insurance rates are going to rise no matter what. The illusory correlation between lawsuits and health care costs is used as a smokescreen by insurance companies and health care providers to protect themselves from their own negligence and make more money. It is a lie perpetrated on the public, backed with millions of dollars of big business money. This money is used to fund a propaganda machine meant to brainwash the public into believing that lawsuits are bad. However, the common person will never benefit from the limits on medical malpractice suits. His insurance rates will continue to rise, and when he suffers a preventable injury at the hands of a negligent doctor or hospital, he will have no recourse. It is time to stop the double windfall for insurance companies – if they continue to raise rates, they should also face injured patients on a level playing field.

Originally posted at InjuryBoard by Beth Janicek

Private School is Grossly Negligent in Handling Student-Teacher Relationship

Beth Janicek — Mon, 26 Sep 2011 09:57:02 GMT

A Dallas jury found a private school negligent and grossly negligent for their treatment of a child involved in a sexual relationship with a teacher. The victim, 16 years old at the time, and her family were awarded more than $9 million by the jury. The jury decided that the Episcopal School of Dallas forced the child to leave the school after the relationship was discovered. The school countered, saying that the victim would not stop talking about the relationship, and so it was in her best interest to be forced to withdraw.

This verdict is a victory for all victims of child predators, and it sends a message to private institutions that they cannot ignore children who are abused. Private schools, churches and recreational and athletic sports leagues play a huge role in the upbringing of millions of kids across Texas. But for too long these institutions have turned a blind eye to the sexual predators that infiltrate their ranks. Or worse, they protect the offending actor and blame the victim. Private groups are given the ultimate trust by parents, and allowed to look after and educate children. For private schools and churches to allow abuse, and then attempt to cover up the wrongdoing, is sickening.

Children who are sexually or physically abused must seek redress in the courts through private causes of action. Private schools and religious organizations have little to no independent oversight, and they have no incentive to change without a person going public with the abuse and demanding the group to pay for their wrongdoing. Clearly some institutions are content to protect pedophiles and cast blame on children. Until victims come out of the shadows and speak out about abuse there will not be any change.

Originally posted at InjuryBoard by Beth Janicek

Texas Wildfires Cause Major Damage

Beth Janicek — Wed, 07 Sep 2011 15:15:35 GMT

On Tuesday wildfires burned 33,089 acres of Bastrop County in Central Texas. The blaze caused the deaths of two people and destroyed at least 600 homes. This is in addition to a mother and her 18 month old child who were killed Monday when a fast moving fire burned their mobile home in the East Texas town of Gladewater. Other counties affected include Williamson County, where eight homes were burned and 500 people evacuated, and Waller County, near Houston, where as many as 75 homes were destroyed or damaged by the fire.

More than 180 fires have been sparked around the drought ridden state in the last week, leaving more than 1,000 homes destroyed statewide. The Bastrop blaze is considered the most concentrated and devastating portion of the rolling wildfires to date with Forest Service officials stated that it is the most destructive wildfire on record in Texas. Firefighters from around the country and state have converged in Central Texas to help battle the blaze, and Federal Emergency Management Agency officials arrived to assess damage. Firefighters and resources are being stretched to the limit.

The Texas Forest Service has several tips for homeowners on how to be safe from a fire, including:

Evacuate an area threatened by fire;
If confronted by a fire in your home or car, stay inside and let the fire pass;
Surround your home with defensible space, at least 30 ft, which does not contain vegetation or material that will ignite a fire;
Keep fire extinguishers, ladders and other equipment in your home or car that will assist in putting out a fire; and
Have a safety plan and evacuation plan.

Originally posted at InjuryBoard by Beth Janicek

San Antonio Seeks to Regulate Senior-Care Homes

Beth Janicek — Fri, 02 Sep 2011 11:24:56 GMT

The San Antonio City Council will soon have the opportunity toregulate assisted living facilities with three or more residents. The Housing and Neighborhood Services Department is preparing a proposal that will be submitted to the City Council, with a vote expected in January 2012. The proposal would provide the city with the ability to fine, regulate and license unregulated facilities that provide “personal care services” for seniors, the disabled and people with mental illness.

Assisted living residences are homes for people who are less than independent but not in need of full time care. Residents are provided with supervision or assistance in the activities of daily living. It is a care option typically employed by the elderly who do not require the 24-hour medical care typical of a nursing home. It gives senior’s assistance in housing, support services and health care, on an as needed basis. The setting is similar to a person’s own home; however, assistance is provided in the form of meals, housekeeping, entertainment and other lifestyle assistance.

The Bexar Assisted Living Task Force reports that more than 250 unlicensed assisted living homes currently operating in San Antonio. The chairman of the Task Force was quoted as saying “this is a high-profit industry with no regulation, low overhead and no need to have licensed medical staff”. Currently the State only regulates homes that have four or more residents. Thus, the new proposal would give the city the power to regulate those homes that house three people only.

There is a definite need for regulation of private assisted living facilities. Frequently, proprietors will run these businesses out of their own home and there will be little to no medical monitoring or treatment for seniors. The most glaring problem is that the elderly will not be properly monitored. The underlying cause of danger comes from the inability of staff or family members to recognize when a person needs more care than an assisted living facility can provide. Supervision is substantially reduced at assisted living facilities, and a person can slip into any number of disorders or diseases before any one takes note. Because the elderly are generally at risk for developing diseases and disorders, it is imperative that an individual in an assisted living facility receive frequent attention from a trained medical provider to monitor their health. Too often the senior’s move to the more structured environment of a nursing home is late in arriving. This, coupled with the proprietors need to hold on to residents in order to produce income, leads to the elderly not receiving proper medical attention.

Other problems include the lack of licensed staff and that there is no regulating body making sure assisted living facilities are hiring qualified workers with a clean background. While assisted living may be a good choice for some, it comes with plenty of risks. Further regulation by the City would be a step in the right direction in insuring that the elderly receive the care they deserve.

Originally posted at InjuryBoard by Beth Janicek