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Chiropractors Soliciting Car Wreck Victims

Last week, Allstate filed a federal lawsuit in Texas against 66 defendants alleging that the defendants engaged in improper schemes to solicit car wreck victims for lawsuits.  In Texas, lawyers are limited in the manner and time in which they can contact victims of accidents.  However, chiropractors are not.  The suit alleges that lawyers are attempting to circumvent the limit on contacting plaintiffs by using chiropractors as intermediaries. 

The suit alleges that chiropractors purchase lists of auto accident victims, and then use telemarketers or other marketing schemes to contact the victims and convince them to seek treatment, which Allstate contends is often unnecessary.  Once the victims are in the offices, the victims are put in touch with attorneys, even potentially having agents for the attorneys in the chiropractors' offices to sign the victims up. 

The Texas Trial Lawyers' Association, the state's largest collection of plaintiffs' lawyers, attempted to put an end to this practice during the last legislative session.  At that time, TTLA was one of the big backers of HB 1519, which would have limited chiropractors' abilities to contact accident victims.  The bill passed both the Texas House an the Texas Senate, but it was inexplicably vetoed by Governor Perry.  We hope that the legislature can make some progress on this during the 2009 legislative session.

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