Wednesday, June 10, 2009

Drunks, Legislature, Governor & Insurance

In the Houston Chronicle there was an article about the large number of drunk driving fatalities. The list and stories are heartbreaking as are the hundreds of other stories which were not included of families devastated by injury or death because someone choose to drive while drunk. What is even more upsetting is how the families are being treated by our Courts, legislature and Governor. If the family that is injured has health insurance, the drunk gets to use that to their advantage. All they owe is what is paid by the group coverage. That is referred to as paid vs. incurred. The legislature realized it was unfair and voted to change it but Governor Perry vetoed it at the last possible minute last session, why? Why should a family pay all those premiums so that a drunk can use it to reduce what he has to pay.
If the drunk had little or no car insurance, the family of the injured person own uninsured or underinsured car insurance may be needed to help pay medical bills, but after all the years of paying premiums the insurance company can deny the claim, why, because our Texas Supreme Court decided it wasn't fair for the insurance company to pay the claim which they were paid premiums all those years for until a final civil judgment and damages have been found against the drunk. That means that even though the medical bills may be more than the policy and the drunk is convicted and in jail, the families own insurance can make them file a lawsuit, spend all the money on experts, medical records and attorneys to prove the case that everyone knows the outcome. And what happens when the jury returns a verdict in excess of the policy limits? The family who has had to live through the agony of the crash and injuries can only get the policy limits which they paid for in the beginning, no attorneys fees, no expenses, nothing else, all because of our Texas Supreme Court. The Court argues that it is a contract action so it is fair, but it is the only contract action which they do not allow for attorneys fees or additional damages. Why? Who benefits from these decisions? Who do you think! It is time for the people who drive safe, pay the premiums for their insurance and do what is right to be the main concern and not the drunks and insurance companies. Let me know your thoughts.