Author: Fell Law Firm

Acting in Bad Faith: Tactics Insurance Companies Use to Delay Claims

Your insurance company has a legal obligation to compensate you fairly in the event of property damage, a health issue or another unforeseen circumstance. But all too often insurance companies put their bottom line ahead of the law. They find reasons to delay claims unfairly to avoid making a payment. In doing so, they act in bad faith.
Here are some tactics to watch out for. If your insurance company seems to be using any of these, it’s time to reach out and talk with a lawyer at The Fell Law Firm.

Not Acknowledging Claim Communications

Insurance companies often wrongly delay claims with a tactic that can look like mere sloppiness until you investigate further. When you send them a communication, they fail to respond to it in a timely manner. Often, they don’t respond at all. And when you call to ask about the communication, they claim to have no record of what you’re talking about.
If letters keep going missing, if forms get “lost in the mail,” if you repeatedly reach out and don’t hear back, be very suspicious. Your insurance company could be acting in bad faith.

Failure to Investigate Claims Promptly

After you file an insurance claim, a quick investigation is critical to resolving the matter effectively. As time passes, witnesses are likely to forget critical details. Sometimes they even move and are difficult to reach. Evidence fades, too. Damage becomes weathered, and it’s increasingly difficult to determine exactly what caused the damage and to what extent.
So, if your insurance company seems to be delaying a thorough investigation of the claim, be wary. It might help to have an attorney on your side. Reaching out to an attorney—even before the insurance company denies your claim—can help things run more smoothly. It will send a key message to your insurance company, telling them you mean business.

Withholding Payment After Liability Is Clear

When your insurance company has determined that liability is clear and money is owed, they should not make you wait and wait to get your check. The law requires that they act in good faith and make the payment in a reasonable amount of time.

What if Your Insurance Claim Is Delayed?

If your insurance company doesn’t seem to be acting in good faith, it may be time to talk with a lawyer. The attorneys at The Fell Law Firm can help with unduly delayed or denied insurance claims. Call us today at 1-972-450-1418. We offer free and confidential consultations.

October 18, 2019
Steps to Take After Water Damages Your Commercial Property
When you own commercial property, an emergency such as water damage can stop business in its tracks. Whether it’s due to a flood, a burst pipe or a major leak, water damage isn’t something to take lightly.

972-450-1418 – Did a pipe burst? Do you have a roof leak? If you experience water damage on your commercial property, it’s time to act. To learn more, visit us today.

4 Steps to Take Immediately Following Water Damage to Your Property

If you’ve found water damage on your commercial property, now is the time to act. Take these steps immediately to ensure your safety, the safety of others and to salvage your property:
1. Remove the source of the water: If there’s an active water source causing the damage, remove it. You may need to call a plumber or repair service to help you control or stop the water before moving forward.
2. Call your insurance company: Call your commercial insurance company to start a claim. If you’re not sure, ask what’s covered for water damage under your specific policy.
3. Clean-up what you can: If there’s standing water, do your best to remove it. You can use buckets, towels or a pump vacuum to extract it. Remember, don’t plug electronics in near the water source or damaged area.
4. Dry out the damaged area: You can use several fans to help dry out the area after you remove the standing water. You can also use a dehumidifier to help dry the air to speed the drying process.
Consider Calling a Professional Restoration Service

If the water damage is extensive, it may be a good idea to call a professional clean-up and restoration service. These companies work to remove the water for you and clean-up properly to avoid mold growth. They also help remove damage you may not see in floors and walls. A quick online search will help you find restoration services in your area.

Commercial Insurance Claim Denied? Call an Attorney.

If you submit an insurance claim only to receive a denial, you may benefit from reaching out to an attorney for help. There are many reasons why you might be denied assistance. To learn more about how to deal with water damage or for assistance with your claim, send us a message.
October 4, 2019
Back-to-School Safety Tips for Avoiding Car Accidents
It’s that time of year again where families start sending their kids back to school. Whether you’re preparing for the first day or have already started the new year, it’s important to take time to refresh your safety tip knowledge to avoid car accidents in school zones and during your commute.

Safety Tips for Driving in School Zones

There are five teen pedestrian deaths every week within the United States. You can do your part to keep kids safe by practicing safe driving in school zones. It’s important to pay attention to signals and to obey posted speed limits. Additionally,
- Slow down when entering a school zone and stay at a reduced speed until you exit the zone.
- Keep an eye out for crossing guards and pedestrians crossing the street near sidewalks and bus stops.
- Refrain from passing vehicles while driving in the school zone.
- Avoid driving distracted by putting your phone down.
972-450-1418 – It’s back-to-school time, which means it’s time to refresh your safe driving knowledge for a safe commute. To learn more, visit us today.

What Texas Law Says About Passing School Buses

During back-to-school time, you’ll notice more and more vehicles out on the road in the mornings and late afternoons. Of course, you’ll also notice the return of those bright yellow school buses. Before you go to pass one, remember your legal duties.

It’s illegal to pass a stopped school bus in all 50 states. According to Texas law, all vehicles must stop when a school bus has its stop sign out or their red lights on. Drivers must come to a complete stop on all lanes in both directions unless the road has a median or barrier.
If you do pass a school bus unlawfully, you may be subject to a fine of no less than $500 and no more than $1,250, as well as other consequences depending on severity. Plus, you put yourself and the kids exiting or entering the bus at serious risk.

Involved in a Car Accident During Your Commute?

If you’ve been involved in a bus accident during the back-to-school commute, you may need to reach out to a professional personal injury attorney for help. To learn more about driver safety or for assistance navigating the aftermath of an accident, send us a message.
September 16, 2019
What to Do When a Tenant Vandalizes Your Rental Property on Purpose

Normal wear and tear, even the occasional mishap, is expected when you rent out your property. Rental agreements should be designed to account for these issues without undo fuss. Things get more complicated, however, when a tenant harms your property intentionally. Vandalism by a tenant is a distressing situation, though unfortunately far from rare.

Liability for Intentional Damage

The good news for landlords is that tenants are legally responsible for the damage they intentionally cause to your property. The bad news is that it may be difficult or impossible to collect the funds necessary to return your property to its previous condition. This is particularly true if the tenant committing the vandalism is in the process of being evicted for non-payment.

What Steps Should I Take?

As with almost any legal proceeding, the first step is to gather all the evidence you can about what is happening. Documenting the damage done, and all efforts to address the situation, is vital. When it comes time to repair the damage, obtain multiple quotes from contractors to support your claims against the tenant. Keep all correspondence with the tenant, along with the dates of your communications.

Consider Your Approach Carefully

A tenant who damages your property on purpose is a clear target for eviction. There are several drawbacks to this approach, however. Eviction is not instantaneous. It is, in fact, often a slow and painful process. If the tenant has resorted to trashing your property on purpose, an eviction notice is unlikely to improve his or her behavior.
Playing nice with someone who has put you in this terrible position is not easy. That said, if you can get the tenant to reconsider the situation, you can at least reduce further damage while you find a way out. To that end, some tenants can be bought out. Paying someone to get out of your rental property could save you further damage and expense.

A Civil Lawsuit

If there is hope of collecting and the damage done is severe, you may want to sue your tenant. A vandalizing tenant may be unwilling voluntarily pay the cost of repairs for your property. A court’s judgment can provide the leverage you need to force them to pay.

Police Intervention

If the tenant is threatening or violent, it may be necessary to contact law enforcement. Managing a rental property can be stressful, but it shouldn’t involve the risk of physical assault. When a tenant is truly out of control, calling the police is a reasonable option.

Check Your Insurance Policy

In the end, your best chance of recouping what you’ve lost may come from insurance. When you discover the damage to your property, you need to file a claim with your insurance company. Dealing with insurance companies is rarely easy, but with the right assistance, you can collect the compensation owed to you under your policy.

Conclusion

An experienced attorney can help you find the right solution to the problem of a destructive tenant. The Fell Law Firm helps landlords in Texas deal with a wide range of legal matters, including disputes with tenants and problems dealing with insurance companies. Contact Mr. Fell to discuss your options.

September 2, 2019
4 Common Reasons for Car Accident Claim Denials

After a car accident, it is important to understand that the insurance company is not on your side. Whether it is your insurer or another driver’s insurer, these are businesses which will fight to pay you as little as possible. If they can get away with paying you nothing, they will. That’s why it’s important to understand the common reasons for car accident claim denials so you can prepare yourself ahead of time.

What Are the Most Common Reasons for a Denied Claim?

There are a few reasons the insurance company will likely point to in denying your claim. While fine print and slippery contract language may cause you trouble, the following are more likely to cause your claim to be denied.

1. The Accident Was Your Fault

Your claim may be denied based on a finding that you were primarily responsible for the injuries you suffered. Texas uses a Modified Comparative Fault Rule when deciding liability for an accident. If an injured party is more than 50 percent responsible for the accident, that party cannot recover compensation in court. So the insurance company can say that you were more at fault for the crash than other factors and deny your claim.

2. There Is No Valid Insurance Policy Covering the Accident

Another reason insurance might deny your claim is that there is no active policy covering the collision. If the at-fault driver allowed his or her insurance policy to lapse, the insurer will not pay. Unpaid premiums and uninsured drivers are a significant problem in Texas and many injured parties are left trying to collect from their own insurance companies, even though someone else caused the accident.

3. Pre-Existing Medical Issues

An insurance company may try to deny your claim based on medical problems you suffered before the accident. If you’ve been treated for things like back pain or arthritis, the insurance company might claim that your pain is based on these existing conditions, rather than on damage suffered in the accident.
That said, insurance should still cover any worsening of your condition based on the accident. A pre-existing condition doesn’t mean you can’t make a claim. It just means that you need to show that the accident was the cause of your suffering.

4. Insufficient Medical Documentation

Insurance companies will not take your word for it that you were hurt in an accident. You need to present proper evidence in the form of medical records, tests, reports and more. This is why you should always see a doctor after any car accident. If you wait to get medical help, the delay can be used by insurance companies to justify denying your injury claims.

What Is a Bad Faith Denial?

Insurance companies are required by law to act in good faith, dealing fairly with the people they insure. Insurance companies are not allowed to intentionally delay proceedings, needlessly confuse the process, or trick you out of the compensation you have coming. If the insurance company owes you money, and knows it, denying your claim can lead to an insurance bad faith claim against them.

Was Your Car Accident Claim Denied? Call Us for Help.

A Texas insurance claims attorney can help you deal with insurance adjusters and the red tape standing between you and the money you deserve. If your claim has been denied or you are having trouble navigating the insurance process, you should speak to a lawyer as soon as possible.

August 18, 2019
Why You Should Always See a Doctor After Any Car Accident
A hundred questions run through your mind in the seconds after an auto accident. What just happened? Am I ok? What about my passengers? Where is the other driver? How badly am I hurt? What do I do now?
If you are still able to walk and haven’t suffered any obvious trauma, it can be easy to think you’ve escaped unharmed. That may in fact be true, but the only way to be sure is to get yourself checked out by a doctor.

Discovering and Treating Non-Obvious Injuries

Every car accident is different, but they all share one thing in common: the people involved are shocked by what just happened and their adrenaline is pumping.
That combination of shock and adrenaline can easily mask the severity of injuries. For example, what feels like a sore neck in the minutes after the accident might actually be something serious, like cervical spine damage. A sore leg could be a torn muscle.
That is why everyone involved in a Texas car or truck accident should visit a doctor immediately after the wreck. Only a trained medical professional can fully evaluate the injuries, prescribe appropriate treatment and monitor you in the weeks and months following the crash.

Creating Medical Records That Serve as Evidence

If it turns out that you were indeed hurt and eventually need to file a personal injury lawsuit to recover compensation, you will need proper evidence in order to get a positive outcome. Medical records are a key type of evidence, and they can only be created by going to the doctor as soon as you can after the accident.
Not only are the medical records themselves helpful, but the following items related to medical care are also very valuable in building a case for injury compensation:
- Hospital bills
- Lists of treatments and medications prescribed, along with their cost
- Full list of any specialists to whom you’re referred for further treatment or care
How Much Time Do I Have Before Going to the Doctor After a Car Accident?

Obviously, injuries that are very serious will have you in the hospital nearly right away, perhaps by ambulance. But for other injuries that may not seem as severe right away, getting medical attention is something you should do as soon as you possibly can.
There is no hard and fast rule about the timing, but many insurance companies will fight hard against paying any compensation to a person who fails to see a doctor “within a reasonable time.” For many companies, that reasonable time is about 72 hours.
If your primary care physician isn’t available within 72 hours, consider going to urgent care. There are many in the Dallas-Ft. Worth area. It may cost more up front than your normal doctor, but the bill can be submitted to insurance.

Our Texas Personal Injury Lawyers Are Here to Help

If you were in a car accident around Dallas and believe you suffered injuries that require compensation, the attorneys here at The Fell Law Firm are ready to help. We’ll meet with you, talk about the and advise you accordingly. Contact us today, and until then, please make sure to see a doctor if you haven’t already.
August 3, 2019
Commercial Insurance and Water Damage: Is My Business Covered?
A study performed by The Hartford, one of the country’s largest insurance companies, showed the most common and most costly types of insurance claims affecting businesses. Water damage ranked number two on that list, outranked only by burglary and theft. Water damage also came in as the eighth most expensive claim, at an average cost of $17,000.
For business owners, water damage can be particularly difficult because most commercial property insurance policies have exclusions for certain types of water damage, leaving the company potentially exposed to the full cost of clean-up and repairs. Here at The Fell Law Firm, we have clients coming to our Dallas area offices regularly because their insurance companies denied their water damage claims.

Does My Commercial Insurance Policy Cover Water Damage?

When a business suffers water damage, the owner wants to know whether the insurance policy covers it. The unfortunate answer, like so many answers in the insurance world, is “it depends.”
Most policies provide some degree of coverage for “sudden and accidental” damage. This might include bursting pipes, sewage backups or other events. However, not all water damage is sudden; much of it happens slowly, over time, as a result of unknown leaks, maintenance oversights and other causes.
That slow-forming water damage is something insurance companies frequently try to exclude from coverage. The language they use is often something like, “We do not insure for losses caused by leakage of water occurring over a period of X days or longer.”

Dealing With the Adjuster and Denied Claims

As you might imagine, determining exactly how many days a pipe might have been leaking is not an easy task. Not surprisingly, insurance adjusters use that to their advantage when evaluating a situation. Adjusters frequently overstate how long a leak may have been ongoing in order to deny the claim and save the insurance company some money.
Often, if the claim isn’t outright denied, it will be underpaid. We advise business owners to get a second opinion from a public adjuster if your own insurance company denies your claim or offers a low settlement. A second opinion is highly recommended if your claim was denied due to any of the following:
- Long, ongoing leak
- Unrepaired leak
- Preventable maintenance issue
- Failure to mitigate damages
- Burst or broken pipe caused by failure to keep electricity or heat in the building
Getting Help for Water Damage Claims

After sustaining water damage to your business, you don’t have a lot of time to spend fighting with your own commercial insurance company. Remember, your insurance policy is a contract. If you believe the insurer is not living up to its end of that contract, consider reaching out to an experienced lawyer for advice.
The Fell Law Firm has deep experience in commercial insurance litigation, including cases involving water damage and denied claims. Mr. Fell can meet you, assess your options and advise you accordingly. Contact us today!
July 17, 2019
With Storm Season Here, Texans Should Know Insurance Truths
People all across the country, and here in Texas specifically, see the segments every night on the evening news. Severe weather causes damage all over this time of year. Tornadoes, heavy rain, strong winds and hail create dangerous conditions—and storm damage to people’s property.
Just last month, North Texas communities were battered by tornadoes. Today, that likely means many homeowners, business owners and car owners are awaiting word from their various insurance providers. The frustrating and likely reality for some of those people is they will be met with disappointment.

Don’t Let Your Insurance Provider Fool or Intimidate You

Purchasing insurance provides a sense of confidence. We tend to have faith that the products we pay for will provide us with the service and protection we need. Too many consumers are met with surprise and then the sense of defeat when an insurance claim is initially denied.
A denial or otherwise inadequate offer from your insurance provider is not the end of the conversation regarding your storm coverage. Your rights in the wake of a damaging storm are worth protecting. But maybe you are hesitant to defend those rights because you are tired, worried you will lose or worried you misunderstood the terms of your policy.

What Does Insurance Offer and Maybe Not Offer in Severe Weather Cases?

While the point of storm damage insurance is to protect yourself financially following extreme weather like heavy storms, hail, tornadoes, fire, etc., even insurance has its limits. Below are some concise explanations about insurance provisions that might apply to your case:
- Storm damage to your home should be covered. The amount of coverage will depend on your specific policy details. How much coverage does your policy, which you should have read, provide? If your insurer fights back against an amount for which you should be covered, talk to an attorney about a possible bad faith insurance case.
- Flood damage is not going to be covered by your general homeowners’ insurance. You need to have a separate flood insurance policy in order to get coverage for potential flood damage. If your insurance provider is denying coverage for flood damage to your property, it might be because it is not part of the plan. If you do not think that is the case—if you have insurance for flooding—let a lawyer help you.
- Living expenses you spend while unable to use your home are covered by homeowners’ insurance, up to a point. Living reasonably is the key to receiving coverage for living expenses, not by choosing the fanciest hotels and restaurants.
Don’t Waste Time and Worry Wondering. Get Legal Direction

You can do all the Google research and late-night worrying about your insurance woes that you want, but you will still be left with questions, confusion and financial stress. The most efficient and helpful way to combat what is very likely a bad faith insurance case is to turn to a law firm experienced in these matters.
It is unsettling enough to see one’s property—a home in particular—damaged, sometimes beyond recognition. Homeowners will often need to work through the emotion and shock of that loss. If you are an overwhelmed homeowner looking for some security again, contact a lawyer experienced in taking on insurance companies and protecting consumers like you.
July 1, 2019
Are Sweaty Conditions in a Rental the Landlord’s Problem?

One of the perks of living in Dallas is the weather. Sunshine is our loyal friend, most of the time. There is such a thing as too hot, particularly when we are trying to cool off in the shade of our homes. For those who call a rental their home, when is hot too hot? When can a tenant expect help from their landlord?

AC Expectations in Texas Are Warranted, but Set Them Low

The average high temperature in the Dallas area in June is 92 degrees, and the average increases during July and August. Those conditions are not just warm. They are not just uncomfortable. In certain conditions, extreme heat can become dangerous.
Everyone deserves a safe home, right? Yes. This includes renters. The requirements for landlords in terms of providing cooling for their properties vary from state to state. Texas does set rules for landlords to follow during these hot months. The rules, however, are meant to provide more safety for tenants rather than, well, comfort.

What Are the Cooling Guidelines Landlords Should Follow?

According to The Dallas Morning News, city laws require landlords to provide cooled air in their properties from Apr. 1 to Nov. 1. Cool air, in this case, might still feel too warm for some. The general guideline for the required temperature inside a rented property is 85 degrees. That standard goes up, however, when the heat rises above 105 degrees. Then, a unit is expected to reach only a temperature level of 20 degrees cooler than the hottest temperature outside.
Of course, if there is a unit included in your rental property, it should be safe. If the working condition somehow poses a danger to tenants, a landlord is required to fix that. The protected health and safety of tenants in a rental property are priorities in landlord-tenant disputes regarding living conditions.

When Should an Attorney Help Cool Down the Situation?

As a tenant in a rental property, you should inform your landlord and/or management about the air-conditioning problem formally. This is best done through writing, in order to potentially prove down the road in a landlord-tenant case that proper steps were taken to fix the problem before involving the law. In the case of extreme heat, a reasonable response should be swift. After all, extreme heat can be a dangerous situation for tenants, truly.
As a tenant, you do have the right to a safe residence. Living in sweltering, stale heat can be more than a major discomfort; but it can be a health hazard. If a landlord is not responding to complaints about it being too hot in your place, contact an attorney who can help defend your rights as a tenant in Dallas. Your lawyer can help push a landlord to respond and discuss the best next steps toward making home feel like home again.

June 15, 2019
What You Shouldn’t Do After a Car Accident
A reportable car accident occurred every 59 seconds in Texas in 2017, according to a state crash statistics. Out of these accidents, one person was injured every two minutes and four seconds. With statistics like this, it’s likely that most Texans will be involved in an accident during their lifetime. If you haven’t already been part of one, it’s best to prepare yourself—just in case.

5 Things You Shouldn’t Do After a Car Accident

Most of us are generally aware of the steps to take after a car accident. In the heat of the moment when adrenaline is running high, however, it’s easy to forget even the simplest tasks. Here are five things you shouldn’t do after your accident.
1. Forget to call the police: Even if the accident is a minor fender bender, don’t try to handle it without calling the police. Any injuries or vehicle damage should be recorded with a proper statement for insurance purposes and any litigation that may occur in the future.
2. Speak more than the facts: After an accident, emotions are high. It’s important to never admit that the accident was your fault or give your opinion. It is best to keep quiet unless you’re spoken to by the police. Anything you say can be misconstrued in court or by the other party’s insurance company.
3. Refuse medical treatment: Regardless of the severity of the accident, you should seek proper medical attention. Some of the most common injuries such as whiplash don’t show symptoms until hours, days or weeks after your accident.
4. Speak to your insurance without an attorney: After your accident, your insurance company may attempt to get you to admit guilt in order to refuse your claim. It’s important to consider reaching out to an attorney to help you communicate correctly during the claims process.
5. Fail to document the accident: If you’re able, try to document the scene of the accident. For example, take photos of your car and the surrounding scene. Gather the contact information of the other party and their insurance company. Should you need to seek compensation through litigation, documentation can help build your case.
Bonus Tip: Treat All Car Accidents the Same

Not all car accidents are severe in nature. Some accidents are as simple as backing into a parked car in a crowded parking lot. Regardless of the severity of the accident, you should treat them all the exact same. You never truly know what tomorrow may hold when it comes to how much damage you actually did to your car or your body.

You Don’t Have to Go Through the Aftermath Alone

Car accidents are frightening and overwhelming, especially when you suffer injury and suffer personal property damage. The good news is this: you don’t have to go through it alone. To learn more about what happens next, send us a message.
June 1, 2019