<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:podcast="https://podcastindex.org/namespace/1.0" xmlns:media="http://search.yahoo.com/mrss/"><channel><title>Ben Wins Texas Law Podcast</title><link>https://benwins.com/</link><description>The Ben Wins Texas Law Podcast is a Houston personal injury podcast hosted by Ben Dominguez, a Board Certified trial attorney with the Ben Dominguez Law Firm. Each episode covers a real Houston scenario, including car wrecks, 18-wheeler crashes, motorcycle collisions, construction injuries, and wrongful death, under Texas rules like the 51 percent bar and two-year deadline. The show covers Houston, Harris County, and the 610 Loop, I-10, and I-45. New episodes air on YouTube, Apple Podcasts, and Spotify. Contact: benwins.com or (713) 713-7777.

This podcast is for informational purposes only and does not constitute legal advice. Watching does not create an attorney-client relationship with the Ben Dominguez Law Firm. Past results do not guarantee future outcomes. Ben Dominguez is licensed in Texas and Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.</description><language>en</language><copyright>© 2026 , Law Offices of Ben Dominguez, II P.C.</copyright><lastBuildDate>Thu, 01 Oct 2026 14:00:00 -0000</lastBuildDate><pubDate>Thu, 01 Oct 2026 14:00:00 -0000</pubDate><docs>https://rss2.flightcast.com/incuox20pdj3cqh9o11xxtyl.xml</docs><generator>Flightcast RSS Feed Generator</generator><image><title>Ben Wins Texas Law Podcast</title><url>https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M0DMRVHASAM470MRN5602HS0/ben-profile__1_.jpg</url><link>https://benwins.com/</link></image><atom:link rel="self" href="https://rss2.flightcast.com/incuox20pdj3cqh9o11xxtyl.xml" type="application/rss+xml"></atom:link><content:encoded><![CDATA[<p class="text-node">The Ben Wins Texas Law Podcast is a Houston personal injury podcast hosted by Ben Dominguez, a Board Certified trial attorney with the Ben Dominguez Law Firm. Each episode covers a real Houston scenario, including car wrecks, 18-wheeler crashes, motorcycle collisions, construction injuries, and wrongful death, under Texas rules like the 51 percent bar and two-year deadline. The show covers Houston, Harris County, and the 610 Loop, I-10, and I-45. New episodes air on YouTube, Apple Podcasts, and Spotify. Contact: <a target="_blank" rel="noopener noreferrer" class="link" href="http://benwins.com">benwins.com</a> or (713) 713-7777.</p><p class="text-node">This podcast is for informational purposes only and does not constitute legal advice. Watching does not create an attorney-client relationship with the Ben Dominguez Law Firm. Past results do not guarantee future outcomes. Ben Dominguez is licensed in Texas and Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.</p>]]></content:encoded><itunes:type>episodic</itunes:type><itunes:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M0DMRVHASAM470MRN5602HS0/ben-profile__1_.jpg"></itunes:image><itunes:author>Ben Dominguez</itunes:author><itunes:owner><itunes:name>Ben Dominguez</itunes:name><itunes:email>bendominguezlawfirm@gmail.com</itunes:email></itunes:owner><itunes:summary>The Ben Wins Texas Law Podcast is a Houston personal injury podcast hosted by Ben Dominguez, a Board Certified trial attorney with the Ben Dominguez Law Firm. Each episode covers a real Houston scenario, including car wrecks, 18-wheeler crashes, motorcycle collisions, construction injuries, and wrongful death, under Texas rules like the 51 percent bar and two-year deadline. The show covers Houston, Harris County, and the 610 Loop, I-10, and I-45. New episodes air on YouTube, Apple Podcasts, and Spotify. Contact: benwins.com or (713) 713-7777.

This podcast is for informational purposes only and does not constitute legal advice. Watching does not create an attorney-client relationship with the Ben Dominguez Law Firm. Past results do not guarantee future outcomes. Ben Dominguez is licensed in Texas and Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.</itunes:summary><itunes:subtitle>Ben Wins Texas Law Podcast</itunes:subtitle><itunes:explicit>false</itunes:explicit><itunes:category text="Education"></itunes:category><podcast:locked owner="bendominguezlawfirm@gmail.com">no</podcast:locked><item><title>What If the Other Driver Has No Insurance in Texas? UM and UIM</title><description>If the driver who hit you had little or no insurance, your own policy often covers the gap: uninsured and underinsured motorist coverage, PIP, and MedPay can fill what the at-fault driver&#39;s 30/60 minimum limits leave behind. Ben Dominguez of Ben Dominguez Law Firm in Houston, Texas sits down with McCartney to walk through the Texas minimum limits, the coverage sitting on your own policy, and the tools that force insurers to pay what those policies promise.



Questions answered in this episode:



What does it mean when the other driver is underinsured?

What are the Texas minimum auto insurance limits?

What is the difference between MedPay and PIP?

Can you stack UM and UIM coverage across policies?

What is a Stowers demand?

How much of a settlement can a Texas hospital lien take?

What should you do first if the other driver has no insurance?


Topics covered: the Texas 30/60 minimum liability limits, out-of-state policy conversion, the $25,000 property damage limit, gap insurance, uninsured motorist coverage (UM), underinsured motorist coverage (UIM), stacking across separate policies, personal injury protection (PIP), medical payments coverage (MedPay) and its repayment rules, an insurer&#39;s fiduciary duty, the Deceptive Trade Practices Act, attorney&#39;s fees against your own insurer, the Stowers demand, comparative fault, and the Texas hospital lien 50 percent cap.


Ben Dominguez on PIP strategy: &#34;Don&#39;t worry about the PIP. We will collect it after we collect all the money from the person who caused it, and that way you end up with more in your pocket.&#34;


Ben Dominguez on MedPay vs PIP: &#34;MedPay comes from your insurance company; you have to pay them back. PIP comes from your insurance company, you don&#39;t have to pay them back.&#34;



Ben Dominguez on why insurers fight UM claims: &#34;And it&#39;s a big business because they profit from not paying claims.&#34;



Ben Dominguez on hospital liens: &#34;The hospital cannot collect more than 50% of the settlement to satisfy the lien.&#34;


Ben Dominguez is a Houston personal injury attorney handling car accident and coverage-dispute cases across Harris County and the greater Houston region, in English and Spanish. The first consultation is free.


Free consultation: benwins.com

Phone: (713) 804-6822

Office: Houston, Texas



#UninsuredMotoristCoverage #UnderinsuredMotorist #TexasPIP #StowersDemand #HoustonCarAccident #HospitalLien



Recorded August 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current when you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state.

Chapters

00:00:00 Welcome back to Ben Wins Texas Law Podcast w. Ben Dominguez
00:00:50 What Does It Mean When the Other Driver Is Underinsured in Houston?
00:02:25 What Are the Texas Minimum Auto Insurance Limits? 30/60
00:03:15 What Happens to Out-of-State Insurance Limits in Texas?
00:04:00 How Do You Cover Car Damage Above the $25,000 Limit? Gap Insurance
00:06:05 Can You Combine UM and UIM Coverage in Texas?
00:08:15 What Is Personal Injury Protection (PIP) in Texas?
00:10:10 What Is the Difference Between MedPay and PIP Coverage?
00:11:20 What Is Uninsured Motorist Coverage, and When Does It Apply?
00:13:05 How Does Underinsured Motorist Coverage (UIM) Fill the Gap?
00:14:00 How Do You Stack UM and UIM Coverage? Separate Policies Only
00:14:45 Why Do So Many Houston Drivers Have Minimum or No Coverage?
00:15:30 How Do You Find Out the At-Fault Driver&#39;s Policy Limits?
00:16:55 Why Is a UM or UIM Claim Against Your Own Insurer a Fight?
00:18:05 What Do You Do When an Insurer Lowballs a UM Claim? File Suit
00:18:55 What Is a Stowers Demand in Texas? Money Above Policy Limits
00:21:50 How Does Comparative Fault Reduce a Texas Insurance Payout?
00:22:45 What Is a Texas Hospital Lien? The 50 Percent Settlement Cap
00:24:35 How Should a Houston Driver Structure an Auto Policy?
00:25:45 Why Does a Lawyer Matter Even When Policy Limits Seem Small?
00:26:40 What Should You Do First If the Other Driver Has No Insurance?</description><guid isPermaLink="false">flightcast:01M3A2NNVK98T1EEMD8K4E92VD</guid><pubDate>Thu, 01 Oct 2026 14:00:00 -0000</pubDate><enclosure url="https://episode.flightcast.com/01M3A2NNVK98T1EEMD8K4E92VD.mp3" length="0" type="audio/mpeg"></enclosure><author>Ben Dominguez</author><content:encoded><![CDATA[<p class="text-node">If the driver who hit you had little or no insurance, your own policy often covers the gap: uninsured and underinsured motorist coverage, PIP, and MedPay can fill what the at-fault driver's 30/60 minimum limits leave behind. Ben Dominguez of Ben Dominguez Law Firm in Houston, Texas sits down with McCartney to walk through the Texas minimum limits, the coverage sitting on your own policy, and the tools that force insurers to pay what those policies promise.</p><p class="text-node"></p><p class="text-node">Questions answered in this episode:</p><p class="text-node"></p><p class="text-node">What does it mean when the other driver is underinsured?</p><p class="text-node">What are the Texas minimum auto insurance limits?</p><p class="text-node">What is the difference between MedPay and PIP?</p><p class="text-node">Can you stack UM and UIM coverage across policies?</p><p class="text-node">What is a Stowers demand?</p><p class="text-node">How much of a settlement can a Texas hospital lien take?</p><p class="text-node">What should you do first if the other driver has no insurance?<br></p><p class="text-node">Topics covered: the Texas 30/60 minimum liability limits, out-of-state policy conversion, the $25,000 property damage limit, gap insurance, uninsured motorist coverage (UM), underinsured motorist coverage (UIM), stacking across separate policies, personal injury protection (PIP), medical payments coverage (MedPay) and its repayment rules, an insurer's fiduciary duty, the Deceptive Trade Practices Act, attorney's fees against your own insurer, the Stowers demand, comparative fault, and the Texas hospital lien 50 percent cap.<br></p><p class="text-node">Ben Dominguez on PIP strategy: "Don't worry about the PIP. We will collect it after we collect all the money from the person who caused it, and that way you end up with more in your pocket."<br></p><p class="text-node">Ben Dominguez on MedPay vs PIP: "MedPay comes from your insurance company; you have to pay them back. PIP comes from your insurance company, you don't have to pay them back."</p><p class="text-node"></p><p class="text-node">Ben Dominguez on why insurers fight UM claims: "And it's a big business because they profit from not paying claims."</p><p class="text-node"></p><p class="text-node">Ben Dominguez on hospital liens: "The hospital cannot collect more than 50% of the settlement to satisfy the lien."<br></p><p class="text-node">Ben Dominguez is a Houston personal injury attorney handling car accident and coverage-dispute cases across Harris County and the greater Houston region, in English and Spanish. The first consultation is free.<br></p><p class="text-node">Free consultation: benwins.com</p><p class="text-node">Phone: (713) 804-6822</p><p class="text-node">Office: Houston, Texas</p><p class="text-node"></p><p class="text-node">#UninsuredMotoristCoverage #UnderinsuredMotorist #TexasPIP #StowersDemand #HoustonCarAccident #HospitalLien</p><p class="text-node"></p><p class="text-node">Recorded August 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current when you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state.</p><p class="text-node"><h3>Chapters</h3><ul><li><strong>00:00:00</strong> Welcome back to Ben Wins Texas Law Podcast w. Ben Dominguez</li><li><strong>00:00:50</strong> What Does It Mean When the Other Driver Is Underinsured in Houston?</li><li><strong>00:02:25</strong> What Are the Texas Minimum Auto Insurance Limits? 30/60</li><li><strong>00:03:15</strong> What Happens to Out-of-State Insurance Limits in Texas?</li><li><strong>00:04:00</strong> How Do You Cover Car Damage Above the ,000 Limit? Gap Insurance</li><li><strong>00:06:05</strong> Can You Combine UM and UIM Coverage in Texas?</li><li><strong>00:08:15</strong> What Is Personal Injury Protection (PIP) in Texas?</li><li><strong>00:10:10</strong> What Is the Difference Between MedPay and PIP Coverage?</li><li><strong>00:11:20</strong> What Is Uninsured Motorist Coverage, and When Does It Apply?</li><li><strong>00:13:05</strong> How Does Underinsured Motorist Coverage (UIM) Fill the Gap?</li><li><strong>00:14:00</strong> How Do You Stack UM and UIM Coverage? Separate Policies Only</li><li><strong>00:14:45</strong> Why Do So Many Houston Drivers Have Minimum or No Coverage?</li><li><strong>00:15:30</strong> How Do You Find Out the At-Fault Driver's Policy Limits?</li><li><strong>00:16:55</strong> Why Is a UM or UIM Claim Against Your Own Insurer a Fight?</li><li><strong>00:18:05</strong> What Do You Do When an Insurer Lowballs a UM Claim? File Suit</li><li><strong>00:18:55</strong> What Is a Stowers Demand in Texas? Money Above Policy Limits</li><li><strong>00:21:50</strong> How Does Comparative Fault Reduce a Texas Insurance Payout?</li><li><strong>00:22:45</strong> What Is a Texas Hospital Lien? The 50 Percent Settlement Cap</li><li><strong>00:24:35</strong> How Should a Houston Driver Structure an Auto Policy?</li><li><strong>00:25:45</strong> Why Does a Lawyer Matter Even When Policy Limits Seem Small?</li><li><strong>00:26:40</strong> What Should You Do First If the Other Driver Has No Insurance?</li></ul></p>]]></content:encoded><itunes:title>What If the Other Driver Has No Insurance in Texas? UM and UIM</itunes:title><itunes:author>Ben Dominguez</itunes:author><itunes:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M3MPMXQGN6N5NF9D3SQSSGR0/ep3_cover.jpg"></itunes:image><itunes:episodeType>full</itunes:episodeType><itunes:duration>1704</itunes:duration><itunes:explicit>false</itunes:explicit><itunes:episode>3</itunes:episode><itunes:season>1</itunes:season><itunes:summary>If the driver who hit you had little or no insurance, your own policy often covers the gap: uninsured and underinsured motorist coverage, PIP, and MedPay can fill what the at-fault driver&#39;s 30/60 minimum limits leave behind. Ben Dominguez of Ben Dominguez Law Firm in Houston, Texas sits down with McCartney to walk through the Texas minimum limits, the coverage sitting on your own policy, and the tools that force insurers to pay what those policies promise.



Questions answered in this episode:



What does it mean when the other driver is underinsured?

What are the Texas minimum auto insurance limits?

What is the difference between MedPay and PIP?

Can you stack UM and UIM coverage across policies?

What is a Stowers demand?

How much of a settlement can a Texas hospital lien take?

What should you do first if the other driver has no insurance?


Topics covered: the Texas 30/60 minimum liability limits, out-of-state policy conversion, the $25,000 property damage limit, gap insurance, uninsured motorist coverage (UM), underinsured motorist coverage (UIM), stacking across separate policies, personal injury protection (PIP), medical payments coverage (MedPay) and its repayment rules, an insurer&#39;s fiduciary duty, the Deceptive Trade Practices Act, attorney&#39;s fees against your own insurer, the Stowers demand, comparative fault, and the Texas hospital lien 50 percent cap.


Ben Dominguez on PIP strategy: &#34;Don&#39;t worry about the PIP. We will collect it after we collect all the money from the person who caused it, and that way you end up with more in your pocket.&#34;


Ben Dominguez on MedPay vs PIP: &#34;MedPay comes from your insurance company; you have to pay them back. PIP comes from your insurance company, you don&#39;t have to pay them back.&#34;



Ben Dominguez on why insurers fight UM claims: &#34;And it&#39;s a big business because they profit from not paying claims.&#34;



Ben Dominguez on hospital liens: &#34;The hospital cannot collect more than 50% of the settlement to satisfy the lien.&#34;


Ben Dominguez is a Houston personal injury attorney handling car accident and coverage-dispute cases across Harris County and the greater Houston region, in English and Spanish. The first consultation is free.


Free consultation: benwins.com

Phone: (713) 804-6822

Office: Houston, Texas



#UninsuredMotoristCoverage #UnderinsuredMotorist #TexasPIP #StowersDemand #HoustonCarAccident #HospitalLien



Recorded August 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current when you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state.

Chapters

00:00:00 Welcome back to Ben Wins Texas Law Podcast w. Ben Dominguez
00:00:50 What Does It Mean When the Other Driver Is Underinsured in Houston?
00:02:25 What Are the Texas Minimum Auto Insurance Limits? 30/60
00:03:15 What Happens to Out-of-State Insurance Limits in Texas?
00:04:00 How Do You Cover Car Damage Above the $25,000 Limit? Gap Insurance
00:06:05 Can You Combine UM and UIM Coverage in Texas?
00:08:15 What Is Personal Injury Protection (PIP) in Texas?
00:10:10 What Is the Difference Between MedPay and PIP Coverage?
00:11:20 What Is Uninsured Motorist Coverage, and When Does It Apply?
00:13:05 How Does Underinsured Motorist Coverage (UIM) Fill the Gap?
00:14:00 How Do You Stack UM and UIM Coverage? Separate Policies Only
00:14:45 Why Do So Many Houston Drivers Have Minimum or No Coverage?
00:15:30 How Do You Find Out the At-Fault Driver&#39;s Policy Limits?
00:16:55 Why Is a UM or UIM Claim Against Your Own Insurer a Fight?
00:18:05 What Do You Do When an Insurer Lowballs a UM Claim? File Suit
00:18:55 What Is a Stowers Demand in Texas? Money Above Policy Limits
00:21:50 How Does Comparative Fault Reduce a Texas Insurance Payout?
00:22:45 What Is a Texas Hospital Lien? The 50 Percent Settlement Cap
00:24:35 How Should a Houston Driver Structure an Auto Policy?
00:25:45 Why Does a Lawyer Matter Even When Policy Limits Seem Small?
00:26:40 What Should You Do First If the Other Driver Has No Insurance?</itunes:summary><podcast:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M3MPMZHGQ1GES7Y1V40GB979/ep3_video_thumbnails.jpg" aspect-ratio="16/9"></podcast:image><media:thumbnail url="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M3MPMZHGQ1GES7Y1V40GB979/ep3_video_thumbnails.jpg"></media:thumbnail><podcast:transcript url="https://rss.flightcast.com/transcripts/01M3A2NNVK98T1EEMD8K4E92VD.vtt" type="text/vtt" language="en" rel="captions"></podcast:transcript><podcast:alternateEnclosure type="application/x-mpegURL" length="0" title="HLS Video Stream" rel="alternate" default="false"><podcast:source uri="https://episode.flightcast.com/hls/v/01M3A2NNVK98T1EEMD8K4E92VD.m3u8"></podcast:source></podcast:alternateEnclosure></item><item><title>Will You Still Get Paid If You&#39;re Partly at Fault in a Texas Car Accident? The 51% Bar</title><description>How much you recover after a Houston car accident can hinge on how much fault Texas&#39;s 51% bar assigns to you. Ben Dominguez, a Houston personal injury attorney with more than 30 years of experience, walks through the Texas car accident claim process from the scene to Harris County court.



Questions answered in this episode:


What should you do in the first few minutes after a car accident in Houston?

Are you legally required to report a car accident in Texas?

How does Texas&#39;s fault-based insurance system work for car accident claims?

How does comparative negligence affect a Houston car accident claim?

Can you still recover money if you&#39;re partly at fault under Texas&#39;s 51% bar?

How long do you have to file a car accident lawsuit in Texas?

Can you sue the City of Houston after a crash involving a government vehicle?



Topics covered: Texas&#39;s fault-based insurance system, comparative negligence and the 51% bar, the 30/60 minimum auto insurance limits, the two-year statute of limitations, the Texas Tort Claims Act&#39;s six-month notice requirement, contingency fee agreements, and Houston hazards including I-45, the 610 Loop, and Port of Houston truck traffic.



Ben Dominguez on the 51% bar: &#34;For me to win any money, first thing to know is the jury has to say at least 51% against the other person. Let&#39;s say the jury awards $100,000 and they say 51% fault of the other person, then I only get 51% of whatever the jury awarded. So in that case, $51,000.&#34;



Ben Dominguez on insurance adjusters: &#34;Insurance companies are a business. They&#39;re sophisticated in what they do. They have a goal. The goal is to avoid paying money on a claim.&#34;



Ben Dominguez on the filing deadline: &#34;Here in Texas, you have two years from the date of the accident to file a lawsuit, and if you don&#39;t, you&#39;ll forever lose your right to do that here in Texas.&#34;



Ben Dominguez has represented injured Houstonians for 30+ years, with free consultations and no fee unless he recovers for you.



Free consultation: benwins.com

Phone: (713) 804-6822

Office: Houston, Texas



#Texas51PercentBar #HoustonCarAccidentLawyer #TexasComparativeNegligence #TexasTortClaimsAct #HarrisCountyPersonalInjury #BenDominguezLawFirm



This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this episode does not create an attorney-client relationship with Ben Dominguez Law Firm. Consult a licensed attorney for advice on your specific situation. Free consultations available.

Chapters

00:00:00 Welcome back to Ben Wins Texas Law Podcast
00:00:50 What Should You Do in the First Minutes After a Houston Car Accident?
00:02:52 Are You Legally Required to Report a Car Accident in Texas?
00:03:36 Should You See a Doctor After a Houston Crash Even If You Feel Fine?
00:05:29 How Does the Texas Fault-Based Insurance System Work After a Crash?
00:06:53 The 30/60 Rule: What Are the Texas Minimum Auto Insurance Limits?
00:07:41 How Does Comparative Negligence Work in a Houston Car Accident?
00:08:48 How Do You File a Car Accident Insurance Claim in Texas?
00:10:03 Should You Talk to a Texas Insurance Adjuster Without a Lawyer?
00:10:56 How Long Do You Have to File a Car Accident Lawsuit in Texas?
00:11:24 The 51% Bar: Can You Still Get Paid If You&#39;re Partly at Fault in Texas?
00:12:55 Can You Sue the City of Houston After a Crash? Texas Tort Claims Act
00:14:00 What Evidence Matters Most for a Houston Car Accident Claim?
00:14:45 What Damages Can You Recover After a Texas Car Accident?
00:15:33 What Makes Houston Car Accidents Different From Those in Other Cities?
00:16:58 When Should You Call a Car Accident Attorney in Houston?
00:18:33 How Does a Contingency Fee Work for a Houston Car Accident Case?
00:19:10 Settle or Sue? When Should You Go to Trial in Harris County?
00:20:16 What Mistakes Hurt a Houston Car Accident Claim Most?
00:21:47 How Do Rideshare and Truck Accidents Change a Houston Claim?
00:23:32 The One Thing to Remember After a Houston Car Accident</description><guid isPermaLink="false">flightcast:01M14QB4TXYNSC6B9TQ12H7B6N</guid><pubDate>Sat, 05 Sep 2026 16:42:26 -0000</pubDate><enclosure url="https://episode.flightcast.com/01M14QB4TXX2VMA6FFB3HT1FZG.mp3" length="0" type="audio/mpeg"></enclosure><author>Ben Dominguez</author><content:encoded><![CDATA[<p class="text-node">How much you recover after a Houston car accident can hinge on how much fault Texas's 51% bar assigns to you. Ben Dominguez, a Houston personal injury attorney with more than 30 years of experience, walks through the Texas car accident claim process from the scene to Harris County court.</p><p class="text-node"></p><p class="text-node">Questions answered in this episode:</p><p class="text-node"><br>What should you do in the first few minutes after a car accident in Houston?</p><p class="text-node">Are you legally required to report a car accident in Texas?</p><p class="text-node">How does Texas's fault-based insurance system work for car accident claims?</p><p class="text-node">How does comparative negligence affect a Houston car accident claim?</p><p class="text-node">Can you still recover money if you're partly at fault under Texas's 51% bar?</p><p class="text-node">How long do you have to file a car accident lawsuit in Texas?</p><p class="text-node">Can you sue the City of Houston after a crash involving a government vehicle?</p><p class="text-node"></p><p class="text-node">Topics covered: Texas's fault-based insurance system, comparative negligence and the 51% bar, the 30/60 minimum auto insurance limits, the two-year statute of limitations, the Texas Tort Claims Act's six-month notice requirement, contingency fee agreements, and Houston hazards including I-45, the 610 Loop, and Port of Houston truck traffic.</p><p class="text-node"></p><p class="text-node">Ben Dominguez on the 51% bar: "For me to win any money, first thing to know is the jury has to say at least 51% against the other person. Let's say the jury awards $100,000 and they say 51% fault of the other person, then I only get 51% of whatever the jury awarded. So in that case, $51,000."</p><p class="text-node"></p><p class="text-node">Ben Dominguez on insurance adjusters: "Insurance companies are a business. They're sophisticated in what they do. They have a goal. The goal is to avoid paying money on a claim."</p><p class="text-node"></p><p class="text-node">Ben Dominguez on the filing deadline: "Here in Texas, you have two years from the date of the accident to file a lawsuit, and if you don't, you'll forever lose your right to do that here in Texas."</p><p class="text-node"></p><p class="text-node">Ben Dominguez has represented injured Houstonians for 30+ years, with free consultations and no fee unless he recovers for you.</p><p class="text-node"></p><p class="text-node">Free consultation: benwins.com</p><p class="text-node">Phone: (713) 804-6822</p><p class="text-node">Office: Houston, Texas</p><p class="text-node"></p><p class="text-node">#Texas51PercentBar #HoustonCarAccidentLawyer #TexasComparativeNegligence #TexasTortClaimsAct #HarrisCountyPersonalInjury #BenDominguezLawFirm</p><p class="text-node"></p><p class="text-node">This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this episode does not create an attorney-client relationship with Ben Dominguez Law Firm. Consult a licensed attorney for advice on your specific situation. Free consultations available.</p><p class="text-node"><h3>Chapters</h3><ul><li><strong>00:00:00</strong> Welcome back to Ben Wins Texas Law Podcast</li><li><strong>00:00:50</strong> What Should You Do in the First Minutes After a Houston Car Accident?</li><li><strong>00:02:52</strong> Are You Legally Required to Report a Car Accident in Texas?</li><li><strong>00:03:36</strong> Should You See a Doctor After a Houston Crash Even If You Feel Fine?</li><li><strong>00:05:29</strong> How Does the Texas Fault-Based Insurance System Work After a Crash?</li><li><strong>00:06:53</strong> The 30/60 Rule: What Are the Texas Minimum Auto Insurance Limits?</li><li><strong>00:07:41</strong> How Does Comparative Negligence Work in a Houston Car Accident?</li><li><strong>00:08:48</strong> How Do You File a Car Accident Insurance Claim in Texas?</li><li><strong>00:10:03</strong> Should You Talk to a Texas Insurance Adjuster Without a Lawyer?</li><li><strong>00:10:56</strong> How Long Do You Have to File a Car Accident Lawsuit in Texas?</li><li><strong>00:11:24</strong> The 51% Bar: Can You Still Get Paid If You're Partly at Fault in Texas?</li><li><strong>00:12:55</strong> Can You Sue the City of Houston After a Crash? Texas Tort Claims Act</li><li><strong>00:14:00</strong> What Evidence Matters Most for a Houston Car Accident Claim?</li><li><strong>00:14:45</strong> What Damages Can You Recover After a Texas Car Accident?</li><li><strong>00:15:33</strong> What Makes Houston Car Accidents Different From Those in Other Cities?</li><li><strong>00:16:58</strong> When Should You Call a Car Accident Attorney in Houston?</li><li><strong>00:18:33</strong> How Does a Contingency Fee Work for a Houston Car Accident Case?</li><li><strong>00:19:10</strong> Settle or Sue? When Should You Go to Trial in Harris County?</li><li><strong>00:20:16</strong> What Mistakes Hurt a Houston Car Accident Claim Most?</li><li><strong>00:21:47</strong> How Do Rideshare and Truck Accidents Change a Houston Claim?</li><li><strong>00:23:32</strong> The One Thing to Remember After a Houston Car Accident</li></ul></p>]]></content:encoded><itunes:title>Will You Still Get Paid If You&#39;re Partly at Fault in a Texas Car Accident? The 51% Bar</itunes:title><itunes:author>Ben Dominguez</itunes:author><itunes:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M1S6PSG7SBT3YR3SV824TQ7Y/dbc8adcd-697a-4022-ac95-276c87de5dc7.jpg"></itunes:image><itunes:episodeType>full</itunes:episodeType><itunes:duration>1544</itunes:duration><itunes:explicit>false</itunes:explicit><itunes:episode>2</itunes:episode><itunes:season>1</itunes:season><itunes:summary>How much you recover after a Houston car accident can hinge on how much fault Texas&#39;s 51% bar assigns to you. Ben Dominguez, a Houston personal injury attorney with more than 30 years of experience, walks through the Texas car accident claim process from the scene to Harris County court.



Questions answered in this episode:


What should you do in the first few minutes after a car accident in Houston?

Are you legally required to report a car accident in Texas?

How does Texas&#39;s fault-based insurance system work for car accident claims?

How does comparative negligence affect a Houston car accident claim?

Can you still recover money if you&#39;re partly at fault under Texas&#39;s 51% bar?

How long do you have to file a car accident lawsuit in Texas?

Can you sue the City of Houston after a crash involving a government vehicle?



Topics covered: Texas&#39;s fault-based insurance system, comparative negligence and the 51% bar, the 30/60 minimum auto insurance limits, the two-year statute of limitations, the Texas Tort Claims Act&#39;s six-month notice requirement, contingency fee agreements, and Houston hazards including I-45, the 610 Loop, and Port of Houston truck traffic.



Ben Dominguez on the 51% bar: &#34;For me to win any money, first thing to know is the jury has to say at least 51% against the other person. Let&#39;s say the jury awards $100,000 and they say 51% fault of the other person, then I only get 51% of whatever the jury awarded. So in that case, $51,000.&#34;



Ben Dominguez on insurance adjusters: &#34;Insurance companies are a business. They&#39;re sophisticated in what they do. They have a goal. The goal is to avoid paying money on a claim.&#34;



Ben Dominguez on the filing deadline: &#34;Here in Texas, you have two years from the date of the accident to file a lawsuit, and if you don&#39;t, you&#39;ll forever lose your right to do that here in Texas.&#34;



Ben Dominguez has represented injured Houstonians for 30+ years, with free consultations and no fee unless he recovers for you.



Free consultation: benwins.com

Phone: (713) 804-6822

Office: Houston, Texas



#Texas51PercentBar #HoustonCarAccidentLawyer #TexasComparativeNegligence #TexasTortClaimsAct #HarrisCountyPersonalInjury #BenDominguezLawFirm



This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this episode does not create an attorney-client relationship with Ben Dominguez Law Firm. Consult a licensed attorney for advice on your specific situation. Free consultations available.

Chapters

00:00:00 Welcome back to Ben Wins Texas Law Podcast
00:00:50 What Should You Do in the First Minutes After a Houston Car Accident?
00:02:52 Are You Legally Required to Report a Car Accident in Texas?
00:03:36 Should You See a Doctor After a Houston Crash Even If You Feel Fine?
00:05:29 How Does the Texas Fault-Based Insurance System Work After a Crash?
00:06:53 The 30/60 Rule: What Are the Texas Minimum Auto Insurance Limits?
00:07:41 How Does Comparative Negligence Work in a Houston Car Accident?
00:08:48 How Do You File a Car Accident Insurance Claim in Texas?
00:10:03 Should You Talk to a Texas Insurance Adjuster Without a Lawyer?
00:10:56 How Long Do You Have to File a Car Accident Lawsuit in Texas?
00:11:24 The 51% Bar: Can You Still Get Paid If You&#39;re Partly at Fault in Texas?
00:12:55 Can You Sue the City of Houston After a Crash? Texas Tort Claims Act
00:14:00 What Evidence Matters Most for a Houston Car Accident Claim?
00:14:45 What Damages Can You Recover After a Texas Car Accident?
00:15:33 What Makes Houston Car Accidents Different From Those in Other Cities?
00:16:58 When Should You Call a Car Accident Attorney in Houston?
00:18:33 How Does a Contingency Fee Work for a Houston Car Accident Case?
00:19:10 Settle or Sue? When Should You Go to Trial in Harris County?
00:20:16 What Mistakes Hurt a Houston Car Accident Claim Most?
00:21:47 How Do Rideshare and Truck Accidents Change a Houston Claim?
00:23:32 The One Thing to Remember After a Houston Car Accident</itunes:summary><podcast:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M1S6PVW3S3VZYM9DRASCAY3K/7da29369-d6a8-4e4a-beb4-9f234e4ef271.jpg" aspect-ratio="16/9"></podcast:image><media:thumbnail url="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01M1S6PVW3S3VZYM9DRASCAY3K/7da29369-d6a8-4e4a-beb4-9f234e4ef271.jpg"></media:thumbnail><podcast:transcript url="https://rss.flightcast.com/transcripts/01M14QB4TXX2VMA6FFB3HT1FZG.vtt" type="text/vtt" language="en" rel="captions"></podcast:transcript><podcast:alternateEnclosure type="application/x-mpegURL" length="0" title="HLS Video Stream" rel="alternate" default="false"><podcast:source uri="https://episode.flightcast.com/hls/v/01M14QB4TXX2VMA6FFB3HT1FZG.m3u8"></podcast:source></podcast:alternateEnclosure></item><item><title>The YOU Interview with Ben Dominguez</title><description>There are attorneys who talk about going to bat for clients. And then there&#39;s Ben Dominguez. In this debut episode of Houston Abogado de Accidentes w. Ben Dominguez, longtime Houston personal injury attorney Ben Dominguez sits down for a direct, personal conversation about where he came from, what he stands for, and why he&#39;s spent more than 30 years fighting for people who&#39;ve been hurt through no fault of their own.
Ben is a fourth-generation Texan, born and raised in Houston, and proud enough of his roots to live down the street from the statue of Sam Houston. He earned his J.D. and a Master&#39;s in environmental law from Vermont Law School in South Royalton, where the dean was a former EPA administrator and the program was ranked number one in environmental law in the country. He came back to Texas planning a career in environmental work, but Texas in the early 1990s was oil and gas country, so Ben pivoted. For the last fifteen-plus years he has focused solely on personal injury litigation, with national-media appearances on the O&#39;Reilly Factor (twice) and the Michael Berry Show, and quotes in the Houston Chronicle and Austin American-Statesman.
In &#34;The YOU Interview,&#34; Ben opens up about the inflection points that shaped his career — from a fourth-generation Houston upbringing in the Magnolia neighborhood, to a one-on-one client philosophy that deliberately resists the volume-and-automation model big PI firms have leaned into, to the personal influence of his Vermont Law School professor Norman Williams, who was still teaching at eighty and became Ben&#39;s model for what a long career looks like done right. He also walks through how trial lawyers actually evaluate a personal injury claim&#39;s damage model — something law school never teaches — why a back injury case can be worth more three years after the wreck than three months after, why every insurance adjuster&#39;s business model is to pay as little as possible, and what he calls &#34;protector mode&#34; — the only honest stance he believes a personal injury lawyer can take. He closes with what may be the most under-discussed differentiator in Houston personal injury law: every member of his ten-person team is fluent in Spanish, by design, in service of one of the largest Hispanic communities in the country.
WHAT YOU&#39;LL LEARN IN THIS EPISODE:
Ben&#39;s origin story: from fourth-generation Houston roots in the Magnolia neighborhood to Law School and back
How an environmental-law detour ended up shaping his approach to personal injury litigation in Texas
The one-on-one client philosophy that separates his Houston firm from volume-driven PI shops
How trial lawyers actually evaluate a personal injury case, including injuries that mature into surgery years after the accident
Why every member of the firm speaks fluent Spanish, and what that means for Spanish-speaking accident victims in Houston
The mindset shift between settling a case and being prepared to take it to trial, and why that shift changes every negotiation
Phone: 713-713-7777
Website: https://benwins.com/
Chapters

00:00:00 Meet Ben Dominguez: 30 Years of Houston Personal Injury Law
00:01:00 The Fourth-Generation Texan Behind the Practice
00:02:30 From Vermont Law School to Houston Personal Injury
00:06:30 Why Ben Chose Personal Injury Litigation Over Antitrust
00:07:30 The One-on-One Approach in a Volume-Driven Industry
00:11:00 What Happens When You Call a Houston Personal Injury Lawyer
00:13:00 When to Settle and When to Fight a Personal Injury Case
00:18:00 Media, Politics, and a Houston Attorney&#39;s Public Voice
00:21:00 The Clients Who Return Decades Later: Loyalty in Practice
00:31:00 Why This Houston Firm Is Fully Bilingual for Spanish Speakers
00:33:30 How Insurance Companies Pressure Hispanic Accident Victims
00:38:00 Contingency Fees Explained: How Houston PI Lawyers Get Paid
00:40:00 Lightning Round: Texas Pride, Best Advice, Dream Career</description><guid isPermaLink="false">flightcast:01KVB08XW2Q6WEPEX46M9CNV2T</guid><pubDate>Wed, 17 Jun 2026 15:00:00 -0000</pubDate><enclosure url="https://episode.flightcast.com/01KVB08XW2WJ0P5KC4RTVFVYQE.mp3" length="0" type="audio/mpeg"></enclosure><author>Ben Dominguez</author><content:encoded><![CDATA[<p class="text-node">There are attorneys who talk about going to bat for clients. And then there's Ben Dominguez. In this debut episode of Houston Abogado de Accidentes w. Ben Dominguez, longtime Houston personal injury attorney Ben Dominguez sits down for a direct, personal conversation about where he came from, what he stands for, and why he's spent more than 30 years fighting for people who've been hurt through no fault of their own.</p><p class="text-node"></p><p class="text-node">Ben is a fourth-generation Texan, born and raised in Houston, and proud enough of his roots to live down the street from the statue of Sam Houston. He earned his J.D. and a Master's in environmental law from Vermont Law School in South Royalton, where the dean was a former EPA administrator and the program was ranked number one in environmental law in the country. He came back to Texas planning a career in environmental work, but Texas in the early 1990s was oil and gas country, so Ben pivoted. For the last fifteen-plus years he has focused solely on personal injury litigation, with national-media appearances on the O'Reilly Factor (twice) and the Michael Berry Show, and quotes in the Houston Chronicle and Austin American-Statesman.</p><p class="text-node"></p><p class="text-node">In "The YOU Interview," Ben opens up about the inflection points that shaped his career — from a fourth-generation Houston upbringing in the Magnolia neighborhood, to a one-on-one client philosophy that deliberately resists the volume-and-automation model big PI firms have leaned into, to the personal influence of his Vermont Law School professor Norman Williams, who was still teaching at eighty and became Ben's model for what a long career looks like done right. He also walks through how trial lawyers actually evaluate a personal injury claim's damage model — something law school never teaches — why a back injury case can be worth more three years after the wreck than three months after, why every insurance adjuster's business model is to pay as little as possible, and what he calls "protector mode" — the only honest stance he believes a personal injury lawyer can take. He closes with what may be the most under-discussed differentiator in Houston personal injury law: every member of his ten-person team is fluent in Spanish, by design, in service of one of the largest Hispanic communities in the country.</p><p class="text-node"></p><p class="text-node">WHAT YOU'LL LEARN IN THIS EPISODE:</p><ul class="list-node"><li class="list-item-node">Ben's origin story: from fourth-generation Houston roots in the Magnolia neighborhood to Law School and back</li><li class="list-item-node">How an environmental-law detour ended up shaping his approach to personal injury litigation in Texas</li><li class="list-item-node">The one-on-one client philosophy that separates his Houston firm from volume-driven PI shops</li><li class="list-item-node">How trial lawyers actually evaluate a personal injury case, including injuries that mature into surgery years after the accident</li><li class="list-item-node">Why every member of the firm speaks fluent Spanish, and what that means for Spanish-speaking accident victims in Houston</li><li class="list-item-node">The mindset shift between settling a case and being prepared to take it to trial, and why that shift changes every negotiation</li></ul><p class="text-node"></p><p class="text-node">Phone: 713-713-7777</p><p class="text-node">Website:<a target="_blank" rel="noopener noreferrer" class="link" href="https://benwins.com/"> https://benwins.com/</a></p><p class="text-node"><h3>Chapters</h3><ul><li><strong>00:00:00</strong> Meet Ben Dominguez: 30 Years of Houston Personal Injury Law</li><li><strong>00:01:00</strong> The Fourth-Generation Texan Behind the Practice</li><li><strong>00:02:30</strong> From Vermont Law School to Houston Personal Injury</li><li><strong>00:06:30</strong> Why Ben Chose Personal Injury Litigation Over Antitrust</li><li><strong>00:07:30</strong> The One-on-One Approach in a Volume-Driven Industry</li><li><strong>00:11:00</strong> What Happens When You Call a Houston Personal Injury Lawyer</li><li><strong>00:13:00</strong> When to Settle and When to Fight a Personal Injury Case</li><li><strong>00:18:00</strong> Media, Politics, and a Houston Attorney's Public Voice</li><li><strong>00:21:00</strong> The Clients Who Return Decades Later: Loyalty in Practice</li><li><strong>00:31:00</strong> Why This Houston Firm Is Fully Bilingual for Spanish Speakers</li><li><strong>00:33:30</strong> How Insurance Companies Pressure Hispanic Accident Victims</li><li><strong>00:38:00</strong> Contingency Fees Explained: How Houston PI Lawyers Get Paid</li><li><strong>00:40:00</strong> Lightning Round: Texas Pride, Best Advice, Dream Career</li></ul></p>]]></content:encoded><itunes:title>The YOU Interview with Ben Dominguez</itunes:title><itunes:author>Ben Dominguez</itunes:author><itunes:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01KZPDYEH9R89EK7JW7F6S0M8S/episode_1.jpg"></itunes:image><itunes:episodeType>full</itunes:episodeType><itunes:duration>2625</itunes:duration><itunes:explicit>false</itunes:explicit><itunes:episode>1</itunes:episode><itunes:season>1</itunes:season><itunes:summary>There are attorneys who talk about going to bat for clients. And then there&#39;s Ben Dominguez. In this debut episode of Houston Abogado de Accidentes w. Ben Dominguez, longtime Houston personal injury attorney Ben Dominguez sits down for a direct, personal conversation about where he came from, what he stands for, and why he&#39;s spent more than 30 years fighting for people who&#39;ve been hurt through no fault of their own.
Ben is a fourth-generation Texan, born and raised in Houston, and proud enough of his roots to live down the street from the statue of Sam Houston. He earned his J.D. and a Master&#39;s in environmental law from Vermont Law School in South Royalton, where the dean was a former EPA administrator and the program was ranked number one in environmental law in the country. He came back to Texas planning a career in environmental work, but Texas in the early 1990s was oil and gas country, so Ben pivoted. For the last fifteen-plus years he has focused solely on personal injury litigation, with national-media appearances on the O&#39;Reilly Factor (twice) and the Michael Berry Show, and quotes in the Houston Chronicle and Austin American-Statesman.
In &#34;The YOU Interview,&#34; Ben opens up about the inflection points that shaped his career — from a fourth-generation Houston upbringing in the Magnolia neighborhood, to a one-on-one client philosophy that deliberately resists the volume-and-automation model big PI firms have leaned into, to the personal influence of his Vermont Law School professor Norman Williams, who was still teaching at eighty and became Ben&#39;s model for what a long career looks like done right. He also walks through how trial lawyers actually evaluate a personal injury claim&#39;s damage model — something law school never teaches — why a back injury case can be worth more three years after the wreck than three months after, why every insurance adjuster&#39;s business model is to pay as little as possible, and what he calls &#34;protector mode&#34; — the only honest stance he believes a personal injury lawyer can take. He closes with what may be the most under-discussed differentiator in Houston personal injury law: every member of his ten-person team is fluent in Spanish, by design, in service of one of the largest Hispanic communities in the country.
WHAT YOU&#39;LL LEARN IN THIS EPISODE:
Ben&#39;s origin story: from fourth-generation Houston roots in the Magnolia neighborhood to Law School and back
How an environmental-law detour ended up shaping his approach to personal injury litigation in Texas
The one-on-one client philosophy that separates his Houston firm from volume-driven PI shops
How trial lawyers actually evaluate a personal injury case, including injuries that mature into surgery years after the accident
Why every member of the firm speaks fluent Spanish, and what that means for Spanish-speaking accident victims in Houston
The mindset shift between settling a case and being prepared to take it to trial, and why that shift changes every negotiation
Phone: 713-713-7777
Website: https://benwins.com/
Chapters

00:00:00 Meet Ben Dominguez: 30 Years of Houston Personal Injury Law
00:01:00 The Fourth-Generation Texan Behind the Practice
00:02:30 From Vermont Law School to Houston Personal Injury
00:06:30 Why Ben Chose Personal Injury Litigation Over Antitrust
00:07:30 The One-on-One Approach in a Volume-Driven Industry
00:11:00 What Happens When You Call a Houston Personal Injury Lawyer
00:13:00 When to Settle and When to Fight a Personal Injury Case
00:18:00 Media, Politics, and a Houston Attorney&#39;s Public Voice
00:21:00 The Clients Who Return Decades Later: Loyalty in Practice
00:31:00 Why This Houston Firm Is Fully Bilingual for Spanish Speakers
00:33:30 How Insurance Companies Pressure Hispanic Accident Victims
00:38:00 Contingency Fees Explained: How Houston PI Lawyers Get Paid
00:40:00 Lightning Round: Texas Pride, Best Advice, Dream Career</itunes:summary><podcast:image href="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01KZPE4JBH8PM5JC2DK91HRVQK/video_thumbnail.jpg" aspect-ratio="16/9"></podcast:image><media:thumbnail url="https://files.flightcast.com/workspaces/shont8l39csto0aoqfb5ikat/01KZPE4JBH8PM5JC2DK91HRVQK/video_thumbnail.jpg"></media:thumbnail><podcast:transcript url="https://rss.flightcast.com/transcripts/01KVB08XW2WJ0P5KC4RTVFVYQE.vtt" type="text/vtt" language="en" rel="captions"></podcast:transcript><podcast:alternateEnclosure type="application/x-mpegURL" length="0" title="HLS Video Stream" rel="alternate" default="false"><podcast:source uri="https://episode.flightcast.com/hls/v/01KVB08XW2WJ0P5KC4RTVFVYQE.m3u8"></podcast:source></podcast:alternateEnclosure></item></channel></rss>