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Texas Legislation Affects Medical, Storm and Car Insurance

The 2017 Texas Legislative session began in late February.  There is a lot of important legislation that concerns car accidents, storm damage and medical claims this year.  The proposed legislation affects how an injured party may bring a cause of action and limitations on damages. Such bills will affect what and how a Court and Jury may award damages to an injured party.

SB 10: Certain Prohibited Acts and Practices in the Business of Insurance Claims

Senate Bill 10 limits an insured person’s ability to pursue claim for damages. This will have profound effects on those who seek to have insurance companies pay for damages to their homes in windstorm hailstorm and tornado claims.  We recommend reading the entire text before making a decision, but we found Section 5 of the bill to be very interesting:

SECTION 5.  (a) If an insurer that is liable for a claim under an insurance policy delays payment of the claim in violation of Section 542.058, the insurer is liable to pay the holder of the policy or the beneficiary making the claim under the policy, in addition to the amount of the claim, interest on the amount of the claim as damages at the rate described by Subsection (c), together with reasonable and necessary attorney’s fees.

HB 2300: Civil Actions of Medical or Health Care Expenses as Economic Damages

House Bill 2300 will affect recovery of medical and health care damages in civil personal injury cases. This bill proposes limitations of medical damages to amounts a health carrier may have charged or.  If the patient is uninsured, damages are limited to 125 percent of what Medicare would charge. This affects payment to medical providers and may limit the ability of an uninsured injured person from entering into an agreement with a medical provider to pay for treatment upon settlement of a case an uninsured person could not otherwise afford.

We find that this legislation limits the consumer, and because of these limits we cannot support this legislation.

Legal Options for Insurance Claims in Texas

You have legal options if dealing with insurance is a problem. In many cases, insurance lawyers can win a substantial claim for you, sometimes greater than what was originally requested. Even the threat of court may sway the insurance company or hospital to work with you.  Going to court can be a very timely process for them.

If you need legal help with an insurance claim in Galveston, League City, Houston or anywhere in Texas, contact us today.

Tylka Law Firm represents clients in League City, Texas, and throughout surrounding areas, including Galveston, Houston, Jefferson County, Chambers County, Alvin, Angleton, Texas City, Baytown, Pearland, Galveston County, Brazoria County, Harris County and throughout the Texas Gulf Coast.

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