Securing the right divorce lawyer is imperative if you’re about to start the divorce process in Dallas. The Dallas divorce lawyers at Varghese Summersett have a track record for winning the toughest battles at the family courthouse. We fight to protect what matters most to you.

Choosing the Right Dallas Divorce Lawyer

When it comes to family law matters, the stakes are incredibly high. From child custody arrangements to property division, the outcomes can significantly shape your future. That’s why having an experienced family law attorney in your corner is crucial. The right Dallas divorce lawyer can provide you with:

• The knowledge and expertise to understand the complexities of family law;
• The support and guidance to navigate the divorce process effectively;
• The representation to protect your rights and advocate for your best interests.

With the help of a skilled attorney from a reputable law firm, you can ensure that your rights are protected and that you achieve the best possible outcome in your family law matter.

With extensive experience across the spectrum of family law issues, our divorce lawyers in Dallas, Texas, can handle everything from a simple, uncontested divorce to complex cases involving intricate property division and child custody battles. Our primary goal is to ensure you don’t face the lasting repercussions of legal proceedings and that fair settlements are reached without being taken advantage of during an emotional divorce.

Selecting the right Dallas divorce lawyer goes beyond considering their experience and track record. It requires finding someone who understands your unique needs, aligns with your goals, and stands by your side throughout the divorce journey. The right legal partner can provide invaluable peace of mind, helping you move forward with confidence and clarity.

Experience in Texas Family Law

Selecting a divorce attorney who possesses a deep understanding of Texas family law is vital. Our Dallas divorce lawyer has an in-depth understanding of Texas divorce law, including the nuances of child custody, property division, and spousal support, among other issues.

The attorneys at Varghese Summersett are recognized leaders in family law, regularly speaking at courses for students and lawyers and producing videos  and blogs for the public about family law matters. Their dedication to continuous learning and staying abreast of the latest developments in Texas family law ensures they bring the most up-to-date knowledge and strategies to your case. Moreover, Partner Turner Thornton’s service on the Board of a local Family Law Bar Association further reinforces their commitment to the field.

The Dallas divorce lawyers at Varghese Summersett serves as

• a guide who can navigate the complex terrain of divorce proceedings;
• a negotiator who will advocate fiercely on your behalf; and
• a counselor who will provide support and advice during this challenging time.
  

  

Proven Track Record in Divorce Cases

In addition to experience and expertise, a proven track record in handling divorce cases is another vital factor to consider when selecting a Dallas divorce attorney. A lawyer’s past successes can give you a clear idea of their capabilities and the level of service you can expect.

The divorce attorneys at Varghese Summersett have successfully represented clients in hundreds of contested divorce cases, including complex asset disputes and alimony battles. We have achieved favorable outcomes in child custody and support disputes within contested divorce proceedings, ensuring their clients’ interests are upheld. We have also handled uncontested divorces amicably and efficiently. Our track record has been proven in and outside of the courtroom.

The Divorce Process in Dallas, TX

Understanding the divorce process in Dallas, Texas, is an essential part of managing your family law issues. From residency requirements to filing procedures and associated fees, each step carries its unique implications and requirements.

Steps for Filing a Divorce in Dallas County, Texas

These are the steps for filing for divorce in Dallas County.

1. Fulfill Residency Requirements

Before filing for divorce, we ensure that you meet the residency requirements:

• State Residency: Either you or your spouse must have lived in Texas for at least six months.
• County Residency: You or your spouse must have lived in Dallas County for at least 90 days before filing the petition.

2. Prepare the Required Forms

• Original Petition for Divorce: This is the document that initiates the divorce process. It must be filed with the District Clerk’s office.
• Civil Case Information Sheet: This form provides the court with information about the case and the parties involved.

3. File the Petition

• Electronic Filing: Attorneys are required to file the petition for divorce electronically.
• Filing Fees: We will inform you of the filing fees for divorce and make sure those get paid.

4. Serve the Petition

• Service of Process: The petition must be served to the other spouse (the Respondent). This can be done by a process server, sheriff, or constable. The Respondent must be given proper legal notice of the divorce proceedings.

5. Wait for the Mandatory Waiting Period

• 60-Day Waiting Period: Texas law mandates a 60-day waiting period from the date the petition is filed before the divorce can be finalized. This period allows for reflection and potential reconciliation.

6. Respondent’s Answer

• Response: The Respondent has 20 to 28 days to file an answer to the petition. If the Respondent does not respond, the court may grant a default divorce.

7. Temporary Orders

• Temporary Orders Hearing: If immediate issues need to be addressed, such as child custody or spousal support, a temporary orders hearing may be held. These orders are in place until the final divorce decree is issued.

8. Discovery and Negotiation

• Discovery: Both parties gather and exchange information relevant to the divorce, such as financial documents and evidence.
• Negotiation: The parties may negotiate terms of the divorce, including property division, child custody, and support. Mediation may be used to facilitate an agreement.

9. Final Hearing

• Prove-Up Hearing: In uncontested cases, a short hearing is held where the petitioner presents evidence and testimony to finalize the divorce. In contested cases, a trial may be necessary to resolve disputes.

10. Final Decree of Divorce

• Final Decree: Once all issues are resolved, the judge will sign the final decree of divorce, which outlines the terms of the divorce, including property division, child custody, and support arrangements.

Understanding No-Fault vs. Fault-Based Divorce

One of the fundamental aspects of the divorce process in Texas is recognizing the difference between no-fault and fault-based divorce. This distinction can significantly impact various aspects of the divorce, including property division and custody arrangements.

In a no-fault divorce, neither party needs to prove the other is responsible for the breakdown of the marriage. The filing spouse must simply state that the marital relationship is irretrievably broken due to discord or conflict of personalities, without hope of reconciliation.

On the other hand, a fault-based divorce requires the petitioner to prove one party is at fault for the marriage breakdown, which is done through filing a divorce petition. Proving fault can influence the division of property, spousal support, and may have implications for custody arrangements. Common grounds for fault in divorce include:

• adultery
• cruelty
• felony conviction
• abandonment
• living apart
• mental hospital confinement

Understanding these differences can better equip you to make informed decisions about your divorce. Our Dallas divorce attorney can provide the necessary guidance to navigate these complexities, ensuring your best interests are upheld throughout the process.

Navigating Child Custody Battles

Child custody disputes can be among the most intricate and emotionally draining aspects of a divorce. In Texas, parents can be designated as either the primary custodian or managing conservator, or the possessory conservator with specific visitation rights. Understanding these designations and their implications is crucial to ensuring the best interests of the child and the parent are upheld.

The standard possession order in Texas offers a detailed visitation plan for the possessory conservator, typically applicable for children over three years old. Navigating these custody options can be challenging, particularly given the emotional strain of a divorce. An experienced family law attorney can provide vital assistance in navigating custody options and ensuring that a parent’s best interests are adequately represented in the custody agreement.

In the end, managing child custody battles requires patience, understanding, and the right legal guidance. Our skilled Dallas divorce attorneys can provide the necessary support and expertise to navigate these challenges and achieve the best possible outcome for both the parent and the child.

Complexities of Property Division

The division of marital property during a divorce can be complicated, especially in Texas, which adheres to community property law. This law considers assets acquired during the marriage to be community property, which is subject to division during a divorce. Exceptions include assets obtained by gift, inheritance, or personal injury settlement.

There is often a lack of understanding regarding the division of specific assets, such as the house, which is treated as community property if purchased during the marriage, barring exceptions like inheritances or gifts. A divorce lawyer’s expertise is critical in identifying and correctly dividing assets, as individuals may overlook significant financial assets without professional guidance.

It’s important to note that the party hiring a lawyer in Texas generally pays for their own attorney fees. However, the court can sometimes be requested to order the spouse to pay the fees under specific circumstances. Navigating these complexities requires a deep understanding of Texas divorce law, making the assistance of a skilled Dallas divorce attorney invaluable.

Post Divorce Modifications and Agreements

Life continues after a divorce, and changes in circumstances may require alterations to the initial divorce agreement. Whether it’s a change in income, relocation, or other significant life events, it’s crucial to understand how to navigate post-divorce modifications and agreements.

Collaborative Divorce: A Cooperative Approach

Divorce doesn’t have to be a battleground. A more friendly, cooperative method exists: collaborative divorce. This alternative dispute resolution method focuses on resolving issues outside the courtroom through solution-focused techniques. The goal is to minimize conflict, protect confidentiality, and guide families to constructive resolutions.

Collaborative divorce involves a team of professionals, including attorneys, financial advisors, and mental health professionals, who assist in creatively restructuring families during the divorce. This approach provides a private, safe method for resolving family law disputes with dignity. With the assistance of our Dallas divorce lawyers, clients can navigate the collaborative divorce process with the necessary insights to make informed decisions.

Benefits of Collaborative Law

Collaborative law in Texas offers a unique approach to divorce. Instead of focusing on adversarial litigation, it emphasizes cooperation, mutual respect, and resolution. This structure allows parties to settle disputes with minimal court intervention, emphasizing a non-adversarial process.

One of the key benefits of collaborative law is that it empowers individuals to use their problem-solving abilities to gain more control over the divorce outcome. This collaborative approach often results in reduced emotional stress and a more amicable divorce process. However, it’s important to note that while the collaborative approach is designed to diminish conflict and can be more cost-effective, it shouldn’t be chosen merely to avoid litigation costs, especially when expert advice is imperative in complex cases.

Collaborative law offers a more dignified, respectful, and efficient approach to divorce. It encourages:

• Open communication
• Negotiation
• Mutually beneficial outcomes
• Preserving important relationships

Role of Mediation in Divorce

Mediation can play a crucial role in the divorce process. It serves as an alternative to courtroom battles, helping parties resolve issues and work towards mutual decisions. Before setting a trial date, courts often mandate the completion of mediation sessions to encourage settlement and reduce litigation.

During mediation, clients can choose self-representation or be guided by expert legal counsel, depending on their comfort and confidence levels. The role of a mediator is to facilitate discussion, help clarify issues, and guide parties towards mutually agreeable solutions. Post-mediation, legal firms provide services such as document preparation for separation agreements, facilitating smooth court proceedings.

However, it’s important to note that if collaborative negotiations break down leading to litigation, the original attorneys cannot represent the clients in court, necessitating the hiring of new legal counsel. Despite this, the benefits of mediation in collaborative divorce often outweigh the potential challenges, making it a viable option for many divorcing couples.

Dedication to Clients’ Best Interests

Our commitment to our clients’ best interests is reflected in their actions and outcomes. It’s about more than just winning cases; it’s about ensuring every decision and action aligns with the client’s needs, values, and long-term goals.

Your Legal Partner Through the Divorce Journey

Your divorce process is indeed a journey. And every journey is easier with a reliable partner by your side. A good family lawyer doesn’t just represent you in court – they become your legal partner throughout the divorce journey, from:

• separation
• negotiation
• mediation
• court proceedings
• settlement
• post-divorce life

This partnership involves providing comprehensive legal support and guidance at every step. From helping you understand your rights and options to assisting you in making critical decisions, your legal partner is there to provide the support and guidance you need.

Comprehensive Family Law Services

Top Dallas divorce lawyers offer a wide range of family law services, providing comprehensive support for all your legal needs. This includes formulating child support arrangements where the non-custodial parent is required to pay child support based on net resources, lasting until the child turns 18 or graduates high school, and helping to update parenting plans in accordance with court requirements.

They also offer expertise in the following areas of family law:

• Division of property during divorce, addressing asset distribution and complex divisions, such as those involving closely held businesses
• Child custody arrangements post-divorce
• Managing adoptions

In essence, by offering a wide array of services, the firm ensures that all your family law needs are met under one roof. This comprehensive approach includes:

• Divorce and separation
• Child custody and support
• Adoption
• Property division
• Spousal support
• Domestic violence cases

This not only ensures consistent and high-quality legal support but also provides the convenience of a single point of contact for all your legal needs.

Client-Centered Law Practice

Our Dallas divorce lawyers prioritize our clients above all else. This means adopting a client-centered approach that puts your needs, goals, and well-being at the forefront.

This approach is reflected in their commitment to clear and effective communication. They make sure you’re informed and involved at every step, providing regular updates and explaining complex legal concepts in a way that’s easy to understand. They also demonstrate compassion and understanding, acknowledging the emotional challenges of divorce and providing support and reassurance throughout the process.

In essence, a client-centered law practice is all about you – your needs, your goals, your peace of mind. It’s about ensuring your voice is heard, your rights are protected, and that you receive the best possible representation throughout your divorce journey.

Representation by an Award-Winning Divorce Attorney

When it comes to legal representation, you want the top-tier. And what better way to ensure you’re getting the best than by choosing an award-winning Dallas divorce attorney? Thes attorneys at Varghese Summersett have not only demonstrated their legal prowess but have also been recognized by their peers for their superior skills and dedication to their clients.

Award-winning attorneys bring expert legal guidance, a strong track record of success, and a proven commitment to excellence. Whether it’s navigating complex property division, contentious child custody battles, or negotiating favorable divorce agreements, an award-winning attorney ensures that you receive the highest standard of legal representation.

After all, it’s not just about securing a favorable outcome in your divorce case – it’s about ensuring that you receive the support, guidance, and representation you need to move forward with confidence and peace of mind.

Speak to a Dallas Divorce Lawyer Today.

Navigating the complexities of divorce can be daunting, but with the right legal partner, the journey becomes significantly smoother. From choosing an experienced Dallas divorce lawyer to understanding the divorce process in Texas, every step matters. With the help of  a dedicated, and award-winning attorney, you can ensure your rights and interests are protected throughout the divorce journey. Whether you choose a traditional or a collaborative approach, remember that you’re not alone – your attorney is there to guide, support, and advocate for you every step of the way. Call 817-203-2220 today to schedule a consultation with an experienced Dallas divorce lawyer.

Frequently Asked Questions

What is the difference between a no-fault and a fault-based divorce in Texas?

In Texas, a no-fault divorce does not require proving fault for the breakdown of the marriage, whereas a fault-based divorce mandates proving fault. The impact of proving fault can affect property division, spousal support, and custody arrangements.

How does property division work in a Texas divorce?

In Texas, assets acquired during the marriage are considered community property and subject to division during a divorce, with exceptions for gifts, inheritances, and personal injury settlements.

What is a collaborative divorce?

A collaborative divorce is an alternative dispute resolution method that aims to resolve issues outside the courtroom through solution-focused techniques, with the goal of minimizing conflict and guiding families to constructive resolutions.

What are the qualifications of a top family lawyer?

A top family lawyer is experienced and recognized in family law and prioritizes a client-centered approach to align with the unique needs and goals of each client. This ensures they have specialized knowledge and practical competence in managing family law cases.

What does a client-centered law practice entail?

A client-centered law practice focuses on putting the client’s needs, goals, and well-being first. It involves clear communication, compassion, understanding, and protecting the client’s voice and rights.

What is an Allen Charge?

In most jurisdictions, jury verdicts in a criminal trial must be unanimous, but what happens if deliberations stall or break down? If the jury sends a note saying they are deadlocked, the judge can give them a strongly worded instruction urging them to keep going and to try harder to reach a verdict.

This instruction is known as an Allen charge, also called a Dynamite Charge. In this article, we explain the Allen charge and why this supplemental jury instruction is used to encourage a verdict, as well as the potential consequences and controversies surrounding its application.

The Role of the Allen Charge, or Dynamite Charge, in Jury Deliberations

A jury in a criminal trial in most jurisdictions, including New York and Texas, must be unanimous as to its verdict. This means all 12 jurors must agree on each count as to the defendant being guilty or not guilty? So what happens when a jury cannot agree?

Well, the easy answer is the trial ends with a mistrial based on a hung jury. There is, however, a step that routinely takes place in most jurisdictions before a mistrial is granted based on a jury not being able to make a unanimous decision, and that is the Allen Charge.

Origins of the Allen Charge or Dynamite Charge

The term “Allen Charge” originates from the 1896 U.S. Supreme Court case Allen v. United States. In this case, the Supreme Court upheld the practice of judges giving supplemental instructions to encourage juries to reach a unanimous verdict.

Purpose and Function of the Allen Charge

The main goal of an Allen Charge is to urge jurors to re-examine their positions and work towards a consensus. It reminds jurors of their duty to deliberate with an open mind, considering the views of other jurors, and to strive to reach a unanimous decision, if possible, without compromising their honest convictions.

It’s basically asking the jurors in the minority opinion to evaluate their positions carefully. The jurors are reminded that whatever they do they should not violate their own conscience.

Key Elements of an Allen Charge

Typically, an Allen charge includes the following elements:

• Reminder of Duty: Jurors are reminded of their duty to try to reach a unanimous decision.
• Encouragement to Deliberate: Jurors are encouraged to re-examine their own views and consider the opinions of their fellow jurors.
• Respect for Convictions: Jurors are instructed not to surrender their honest beliefs solely to achieve a consensus.
• Reassurance that no juror should abandon their honest convictions solely to reach a verdict. An emphasis is placed on the duty to reach a unanimous decision if possible, without compromising individual judgment and conscience.

Example of an Allen Charge

Members of the Jury:

I am going to ask that you continue your deliberations in an effort to agree upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so.

This is an important case. The trial has been expensive in time, effort, money, and emotional strain to both the defense and the prosecution. If you should fail to agree upon a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you.

Any future jury must be selected in the same manner and from the same source as you were chosen, and there is no reason to believe that the case could ever be submitted to twelve men and women more conscientious, more impartial, or more competent to decide it, or that more or
clearer evidence could be produced.

If a substantial majority of your number are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt.

Remember at all times that no juror is expected to give up an honest belief he or she may have as to the weight or effect of the evidence; but, after full deliberation and consideration of the evidence in the case, it is your duty to agree upon a verdict if you can do so.

You must also remember that if the evidence in the case fails to establish guilt beyond a reasonable doubt the Defendant should have your unanimous verdict of Not Guilty.

You may be as leisurely in your deliberations as the occasion may require and should take all the time which you may feel is necessary…. I will ask now that you retire once again and continue your deliberations with these additional comments in mind to be applied, of course, in conjunction with all of the other instructions I have previously given to you.

Controversy and Effectiveness of the Allen Charge

The Allen charge is controversial because some see it as coercive, potentially pressuring minority jurors to conform to the majority opinion. Critics argue that it can lead to verdicts that are not truly unanimous, as jurors may change their votes due to peer pressure rather than genuine conviction. This has led to its rejection, in whole or in part, by at least 23 states.

Despite the controversy, the Allen charge is still used in federal courts and in some state courts. Its effectiveness in breaking deadlocks and securing verdicts is well-documented, but it also raises concerns about the fairness and integrity of the jury deliberation process.

Further Reading: Cristisim of the Allen Charge, Written in 1972

What if a Jury Still Can’t Reach a Verdict After an Allen Charge?

Despite their efforts, juries sometimes fail to reach a unanimous decision after lengthy deliberations, resulting in what is known as a “hung jury.” When it becomes clear that a verdict cannot be reached, the judge will declare a mistrial.

In such a case, the defendant is neither convicted nor acquitted. The prosecutor can choose to retry the case before a different jury without violating the double jeopardy clause.

In some situations, the state may decide not to retry the case and dismiss the charges. Prosecutors might also attempt to resolve the case through a plea bargain agreement.

Key Takeaways

The Allen charge is a powerful tool in the judicial system, designed to facilitate unanimous jury verdicts and prevent the need for retrials. However, its use must be carefully balanced to avoid undue pressure on jurors and ensure that verdicts are based on genuine consensus rather than coercion.

Dozens of people gathered last week for a ribbon-cutting ceremony at Varghese Summersett’s Southlake office to celebrate the firm’s expansion to a third location.

The law firm opened its newest office at 3120 Sabre Drive on the border of Southlake and Westlake. The expansion allows the firm to provide high-caliber legal services to discerning clients in this idyllic community.

“Southlake is special,” Managing Partner Benson Varghese told the crowd before the ribbon-cutting. “Some of our team members grew up in Southlake and live in Southlake. They have shared with us how unique this community is.

“Smart businesses understand that it doesn’t make sense for someone who, for example, needs a divorce to travel all the way to Fort Worth to talk to an attorney, to meet someone to discuss some of the most intimate matters in their lives and bring them their biggest problems. We’re really excited to have a physical presence here finally and to open this office.”

The firm’s Southlake grand opening was sponsored, in part, by the Southlake Chamber of Commerce and covered by Southlake Style magazine. Guests enjoyed a blood mary and mimosa bar from Top Shelf Tending and unique hors-d’oeuvres from Scratch Catering & Fine Foods while touring the beautifully decorated space accented by Trophy Blooms.

More than 20 local businesses attended the event, including Back to Life Chiropractic, Westin Southlake, Select Lending Services, Hulett Insurance, Curis Functional Health and Ethnos Notary. Attorney Nathan Moayyad, of Moayyard Law, won a raffle that included a gift card and luxury items from Skin RX Clinical Spa.

“It was lovely to see how Southlake community businesses support each other,” said Anna Summersett, partner at Varghese Summersett. ” We were honored to have so many people join us for our Southlake grand opening. We feel at home here.”

About Varghese Summersett

Varghese Summersett is a premiere family law, personal injury, and criminal defense practice dedicated to helping people through life’s greatest challenges. The firm’s roster is full of experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than a thousand 5-star Google reviews and has been named a fastest-growing company by Inc. 5000. It has also been named a “DFW Favorite,” a “Best Place to Work,” and a “Best Place for Working Parents,” among numerous other accolades.

The firm has three office locations – downtown Fort Worth, downtown Dallas, and now, Southlake. The downtown locations are close to Tarrant and Dallas county courthouses, which is convenient for our attorneys and clients when they need to appear in court. The decision to open an office in Southlake tucked away in the gorgeous Kirkwood Oaks Business Center was also strategic.

“We saw a need for high-caliber legal services in a discrete setting and wanted to be accessible to the residents of Southlake, Westlake, Trophy Club and the surrounding areas,”  Varghese said. “By establishing an office in Southlake with a high-caliber team of experienced attorneys and paralegals, we can serve clients who prefer to handle their private legal matters close to home. We are committed to providing exceptional legal representation while minimizing the impact on our clients’ personal and professional lives.”

Everything You Need to Know About Texas Inspection Stickers Ending in 2025

For as long as most Texans can remember, we’ve had Texas inspection stickers on our vehicles. Many of us remember the days when those stickers went on our license plate. We then moved to have two stickers inside our windshields – one for registration and the other for inspection.

In 2013, Texas moved to a single-sticker system that made getting your registration updated based on passing your vehicle inspection.

In January 2025, Texas will no longer require non-commercial vehicles to undergo an annual safety inspection. Beginning next year, unless you live in one of the 17 most populated counties in Texas, you won’t have to go through an annual inspection or test. While drivers will still pay the inspection fee, the physical inspection process will be eliminated for most Texans.

What is the Texas Vehicle Inspection Program?

The Texas Vehicle Inspection Program was designed to ensure vehicles met minimum safety and emissions standards. Starting in 2025, most Texans will no longer have a safety inspection requirement, although Texans in some counties will have to complete an emissions-only test.

Inspection Requirements in Texas

Current Requirements: Vehicles must undergo an annual safety inspection.

New Law (Effective 2025): Only emissions testing is required in designated counties; safety inspections for non-commercial vehicles will no longer be necessary.

How to Obtain a Texas Inspection Sticker (Until 2025)

1. Locate an authorized inspection station.
2. Bring the required documents: vehicle registration, proof of insurance, and payment for the inspection fee.
3. Have your vehicle inspected.
4. Upon passing the inspection, receive your sticker.

Who Will Need to Complete an Emissions Test?

If you live in any of the following counties, you will still be required to get an emissions test:

• Dallas-Fort Worth Area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties
• Houston-Galveston-Brazoria Area: Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties
• Austin Area: Travis and Williamson Counties
• El Paso Area: El Paso County
• San Antonio Area: Bexar County (beginning on November 1, 2026)

Types of Emissions Tests

The type of emissions test your vehicle undergoes depends on its age and type. Here are the common types of emissions tests performed in Texas:

On-Board Diagnostics (OBD) Test

Applicability: For vehicles model year 1996 and newer.
Process: A scanner is connected to the vehicle’s OBD system to check for trouble codes that indicate emissions-related issues. This test can quickly identify problems with the engine, transmission, and other critical components that affect emissions.

Accelerated Simulation Mode (ASM) Test

Applicability: For vehicles model year 1995 and older.
Process: This test simulates driving conditions on a dynamometer (a set of rollers) to measure the emissions output of the vehicle while it is “driving” at various speeds and loads. It measures pollutants such as carbon monoxide, hydrocarbons, and nitrogen oxides.

Two-Speed Idle (TSI) Test

Applicability: For older vehicles or vehicles that cannot be tested using the OBD or ASM methods.
Process: The vehicle is tested at idle and a higher idle speed to measure emissions output. This test is less comprehensive but still effective for detecting major emissions issues.

Emissions Testing Process

Pre-Inspection Check: The inspector will verify that the vehicle’s check engine light is not illuminated. If it is, the vehicle will not pass the emissions test. Basic vehicle information, such as the Vehicle Identification Number (VIN), is recorded.

Connecting the Equipment: For OBD tests, the scanner is connected to the OBD port, usually located under the dashboard. For ASM or TSI tests, the vehicle is placed on the dynamometer or tested at idle.

Running the Test: The appropriate test is conducted based on the vehicle’s specifications. For OBD, data is read from the vehicle’s computer. For ASM, the vehicle is “driven” on the dynamometer, and emissions are measured. For TSI, emissions are measured at idle.

Results and Analysis: The test results are printed out, showing whether the vehicle has passed or failed. If the vehicle fails, the printout will include diagnostic trouble codes and possible reasons for failure.

What to Do If Your Vehicle Fails the Emissions Test

Diagnostic and Repairs: Take the vehicle to a qualified mechanic to diagnose and repair the issues indicated by the test results.

Re-Testing: After repairs are made, the vehicle must be retested. Many inspection stations offer a free re-test within a certain timeframe.

Tips for Passing the Emissions Test

Regular Maintenance: Keep up with regular vehicle maintenance, including oil changes, air filter replacements, and spark plug checks.

Check Engine Light: Ensure your check engine light is off before going for the test. Address any issues that trigger this light promptly.

Drive Your Car: Drive your vehicle for at least 20 minutes before the test to ensure it is warmed up and operating at optimal efficiency.

Changes in the Fee Structure

Current Fee: $7.50 annual safety inspection fee.

New Fee (Effective 2025): $7.50 added to the annual vehicle registration fee.

Fee Allocation:

• $3.50 to the Texas Mobility Fund
• $2 to the state General Fund
• $2 to the Clean Air Account

New Car Buyers: One-time fee of $16.75 at registration.

Safety Recommendations Post-2025

The Texas Department of Public Safety advises that vehicle owners should regularly inspect their vehicles even though state-mandated safety inspections will end. This includes periodic checks and professional inspections during routine maintenance.

Impact on Safety and Businesses

Safety Concerns: Eliminating the safety inspection could lead to more unsafe vehicles on the road. Regular inspections help identify and address vehicle deficiencies that could pose a risk. Issues such as bald tires, bad brakes, malfunctioning lighting, poor steering, windshield cracks, horns, mirrors, and seat belts will no longer be regulated by the state.

Business Impact: Many inspection stations, like Al’s Drive Thru Inspection in Waco, will close, affecting jobs and local economies. These businesses provide a critical service, ensuring vehicles are roadworthy.

Public Opinion

Did You Know Child Support Arrears Prevent Vehicle Registration?

When a noncustodial parent has not made a child support payment in more than six months, the Office of the Attorney General (OAG) may ask the Department of Motor Vehicles (TxDMV) to deny the noncustodial parent’s ability to renew their vehicle registration.

How to Know if Your Registration Has Been Denied: If your registration renewal is denied, you will receive a letter from the OAG notifying you of your denial 120 days (3 months) before your registration expiration. You will also receive your registration paperwork from TxDMV, with the denial notification printed on the front.

Payment Requirements: You will need to make at least a $200 lump sum payment per delinquent child support case and enter into an arrears payment agreement to address the issue.

Conclusion

The upcoming change in Texas vehicle inspection laws marks a significant shift in the state’s approach to vehicle safety. While it may reduce drivers’ inconvenience, it also raises concerns about road safety and the economic impact on inspection businesses. For detailed advice and assistance, contact Varghese Summersett at (817) 203-2220 or online today.

How to Maximize a GEICO Insurance Claim

Whether you were struck by a driver insured with GEICO making a “third party claim” or a GEICO insured making a “first party claim,” you’ll want to know how to maximize a claim with GEICO. We wrote this article to help you maximize your claim, avoid common pitfalls, and understand what to expect from GEICO during the claims process.

Insider Insights and a Unique Perspective

One of the partners at our firm worked as an insurance adjuster before law school, so we know how insurance companies deal with claims. Of course, we have seen how claims are handled on this side as personal injury lawyers. These experiences lend themselves to the unique perspective and insider insights we share in this article.

Seeking Medical Treatment

If you were in an accident of any significance, you should get checked out by a medical professional. If there is an emergency medical response, don’t refuse to get checked out. You may not know that you’re injured or how badly you are injured immediately after an accident. We all know what cuts and breaks look like, but we don’t know what internal injuries look like or when to expect the pain from those injuries to set in. Because adrenaline is pumping immediately after an accident, you may not feel the pain right after an accident. The longer you wait for an evaluation, the more likely an insurance company will say the injury and pain is unrelated to the accident. The last thing you want is to have back pain in a week, and wait another week till things are so bad you can’t move. When you get to a medical provider, the insurance company will have some basis to say they can’t relate the pain to the accident.

As you seek medical treatment, keeping a log of who you saw and when is important. We will work to get the records, compile them, and make them understandable and persuasive. We also recommend that you keep a journal of how you feel each day and the difficult things for you to accomplish. The reality is the human mind is built to persevere and not dwell on the difficult times we got through. As a result, it may be much harder to articulate just how bad things were in three or six months unless you have written it down.

Filing an Accident Report or Blue Form in Texas

The police won’t always respond to an accident in Texas. Generally, unless someone is injured or a vehicle is completely disabled in a major thoroughfare, the police do not come out. That doesn’t mean you can’t (or shouldn’t) have an accident report documenting what happened. Here’s what you need to do when the police don’t come out to the scene of an accident.

You will want to go down to the local police department and fill out a “Blue Form” (officially called the CR-2 form). This is a self-documented accident report that provides a formal method to document the details of the accident, including the time, location, and circumstances of the crash, as well as information about the vehicles, drivers, and any damage incurred. This documentation is crucial as it serves as an official record of the incident.

When filing an insurance claim, having a Blue Form can be invaluable. Insurance companies often require official documentation of an accident to process a claim. The Blue Form serves as proof that the accident occurred and provides the insurer with detailed information needed to assess the claim. Without this form or a police report, it might be more challenging to prove the validity of your claim, potentially leading to delays or denials.

Speaking to a Lawyer

After seeking immediate medical attention, you should speak to a lawyer if you were injured in an accident. You may need to speak to an attorney sooner if you run into problems getting medical care. While you will be provided with emergency medical care if the situation warrants it, you may find going to a doctor or hospital after the fact, without an emergent issue, will result in you being turned away if you are trying to use your own medical coverage. If you’ve ever wondered why medical providers and hospitals ask if your injuries are related to an accident, it is because they don’t want to get involved with having a liability insurance provider cover the bill.

The good news is that we know local medical providers and doctors who will treat you if you’ve been in an accident and aren’t afraid of waiting for liability insurance to cover the costs. Give us a call, and we will connect you with one.

Reporting the Accident to GEICO

You can initiate a claim:

Online: File your claim through GEICO’s website. This is often the fastest and most convenient way to start your claim, as it allows you to provide all the necessary information about the accident and receive immediate confirmation.

GEICO Phone Number

By Phone: Call GEICO 24 hours a day at 800-841-3000. This option is ideal for those who prefer personal interaction or need immediate assistance and guidance from a representative.

It is important to report the accident as soon as possible, as delays can sometimes complicate the claims process or affect the outcome of your claim.

Recorded Statements with GEICO

You should speak to a lawyer before you give any statements to an insurance company.

First-Party Recorded Statements with GEICO

If you are filing a claim with your insurance company, you must provide a statement as a condition of your policy. When you give that statement, though, it might be important to discuss with your attorney.

Third-Party Recorded Statements with GEICO

If GEICO is not your insurance provider, it’s advisable to refrain from giving a recorded statement to their adjusters without consulting an attorney first. Know that as a third-party, meaning someone who is not insured with the insurer the claim is filed with, you don’t have to give a recorded statement. Even if you were to give a statement, be sure you include your lawyer. You don’t want anything you say misinterpreted to limit liability or the loss amount they pay.

GEICO’s Claim Adjustment Process

Once you’ve reported your accident, a GEICO adjuster will be assigned to your claim. The adjuster’s role is to assess the damage, review any injury claims, and determine the amount GEICO will pay. They will likely ask for the aforementioned recorded statement, documentation of the accident, loss, and injuries.

Based on this information, a GEICO adjuster will make a liability decision.

Liability Percentages Directly Affect Payouts

In Texas, which follows a modified comparative fault system, a GEICO adjuster’s liability determination can significantly impact the payout for a claim. Here are the key liability decisions a GEICO adjuster could make and how they affect payouts:

The claimant is 0% at fault: If the GEICO adjuster determines the claimant is not at fault, the claimant can recover 100% of their damages from the at-fault party’s insurance policy.

The claimant is 1-50% at fault: Under Texas’s modified comparative fault rule, if the claimant is 50% or less at fault, they can still recover damages from the other party, but their payout will be reduced proportionally to their percentage of fault. For example, if the claimant is 30% at fault, they can only recover 70% of their damages.

The claimant is 51% or more at fault: If the GEICO adjuster determines the claimant is 51% or more at fault, the claimant cannot recover any damages from the other party’s insurance. They would have to rely on their own policy for coverage, if applicable.

Denial of claim: The GEICO adjuster could also deny the claim entirely if they determine the claimant was fully at fault or if there are other grounds for denial, such as policy exclusions or lack of coverage.

Negotiating Claims with GEICO

Before a lawsuit is ever filed, there is often a negotiation period between the claimant (or their attorney) and GEICO. Understanding how GEICO negotiates can help you prepare.

Great attorneys know that there’s not a one-size-fits-all approach to insurance adjusters. It’s true that some adjusters are always going to be difficult to deal with. It is also true that other adjusters are going to be as reasonable as they can be if 1) you know how to approach them and 2) you know the information that will give them the ability to give you what you want.

Here’s how one experienced adjuster explained the job:

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We often find that asking nicely, firmly, and with incredible documentation gets exactly the result we want – particularly when they know that if “nice” doesn’t work, we won’t hesitate to file a lawsuit. For our firm, this means claims have a better chance of success in the short-term as well as in the long term. If you have a property-damage-only claim and you’re not hiring a lawyer, there’s no reason you can’t put these insights to work for yourself.
Remember, the more documentation you have, the more likely your request is going to be seen as reasonable.

Challenges with Settlement Offers

GEICO’s initial settlement offers may be lower than expected for several reasons.

Issuing Checks for Less Than Repair Value

First, particularly on property damage claims, adjusters will issue checks for less than the value of repairs. They know that some individuals will pocket the check, not make the repairs, and therefore not to get a “supplement check” for the additional costs and repairs of the actual repair.

Underestimating Injuries

Second, GEICO adjusters may underestimate or disagree with the injuries, particularly the long-term impact of injuries.

Failing to Appreciate Injuries

Third, GEICO adjusters make not understand the true nature of injuries. A rear end accident involving a vehicle equipped with a tow hitch is a perfect example of when a GEICO adjuster might not understand the extent of injuries and be tempted to say, “The claimed injuries far exceed any damage to the vehicle.”

A rear-end collision with a vehicle equipped with a trailer hitch can result in minimal visible damage to the struck vehicle, but it can significantly increase the risk of injuries to the occupants. Here’s how:

When a vehicle without a trailer hitch is rear-ended, the impact force is distributed through the rear bumper and the vehicle’s undercarriage, dissipating some of the energy before reaching the occupants. However, if the struck vehicle has a trailer hitch installed, the protruding metal hitch acts as a solid, non-deformable object that directly transfers the impact force through the vehicle’s frame. This concentrated force transfer bypasses the crumple zones and energy-absorbing structures designed to protect occupants, resulting in a more rigid “crash pulse” that is directly transmitted to the occupants. Consequently, the occupants experience a higher magnitude of force, increasing the risk of whiplash and other injuries by approximately 22% compared to vehicles without hitches. Furthermore, since the majority of the impact force is carried through the vehicle’s frame, there may be little to no visible damage to the struck vehicle’s body panels or rear bumper. This lack of apparent damage can be misleading, as it may not accurately reflect the severity of the forces experienced by the occupants.

Depreciation and Actual Cash Value

For property damage, insurers often compensate based on the actual cash value (ACV) rather than the replacement cost. ACV considers depreciation, which can significantly lower the payout, particularly for older items or vehicles, meaning the claimant may not receive enough to cover the replacement cost.

Actual Cash Value vs. Replacement Cost Value

Insurers generally pay the cost to repair the vehicle up to its ACV. If the repair cost exceeds the vehicle’s value before the accident, the vehicle is generally deemed a total loss, and the payment will be the ACV, not the cost to replace the vehicle. The claimant has the right to negotiate with the at-fault party’s insurer. If the initial compensation offer based on ACV does not cover the necessary expenses to replace or repair the damaged item to its pre-loss condition, the claimant can present arguments and evidence supporting the need for a higher amount. However, this is often limited by the terms of the at-fault party’s policy.

If you are not satisfied with the recovery amount from the at-fault party’s insurance, you may claim under your own insurance (if you have relevant coverage like collision for auto or replacement cost coverage for home/property). Your insurer might then choose to pursue subrogation to recover the amount paid from the at-fault party’s insurer.

Using Preferred Vendors

Insurers often have agreements with preferred vendors or contractors for repairs. These vendors might charge less than others, which can be beneficial for cost control but may result in lower quality repairs. Claimants are sometimes pressured to use these vendors instead of choosing ones that might offer higher quality at a higher price.

Offering Quick Settlements

Insurers might offer a quick, lump-sum settlement soon after an incident. These offers can be appealing to claimants eager to resolve the matter but might not fully compensate for all damages, especially those that manifest or are realized later, such as long-term medical issues or structural damages not initially apparent.

Surveillance and Social Media Monitoring

In cases involving personal injuries, some insurers conduct surveillance or monitor the claimant’s social media profiles to find evidence that may contradict the claimed injuries. This can be used to argue that the injury is not as severe as claimed, thereby justifying a lower payout.

Legal Considerations in GEICO Claims

As you start to understand the many ways a GEICO adjuster can affect your payout, based on the assignment of liability, disputing damages and injuries, you understand how important it is to have a professional on your side fighting for a fair outcome if you have been injured. Our attorneys have the experience and track record required to get exceptional results.

The tenor also changes if the lawyer files suit against GEICO. This process does more than change the dynamics of the claim. It affects the obligations of GEICO to turn over information. The insurer also has to look at the cost of defending a lawsuit, which has at least some impact on their willingness to be reasonable. Finally, this brings in a fresh set of eyes. Perhaps you are dealing with an adjuster who was entrenched in their position. Once the claim gets to litigation, the litigation department may reach a more favorable conclusion than the claims department reached.

Call Us if You’ve Been Injured by a GEICO-Insured Driver

If you’ve been involved in a car accident with a GEICO insured, it’s crucial to understand the complexities of filing and negotiating a claim. At Varghese Summersett, we bring experience and a deep understanding of insurance dynamics. Our team is well-versed in the tactics used by insurance companies like GEICO, and we’re prepared to fight for the compensation you deserve.

We encourage you not to navigate this challenging time alone. The nuances of insurance claims, especially with large companies, can be overwhelming and intricate. By partnering with us, you ensure your rights are protected, and your claims are effectively handled. We provide the support and legal expertise necessary to secure a favorable outcome.

Remember, the initial steps you take after an accident can significantly impact the outcome of your claim. Don’t hesitate to contact us at Varghese Summersett for a consultation. Let us take the burden off your shoulders so you can focus on your recovery while we handle the legal complexities. Call us today to discuss how we can help you move forward.