A police records clerk for the Dallas Police Department is being investigated for sharing car accident information with an Arlington car accident attorney. A civil suit was recently filed against police records clerk Margarita Monjaras. Monjaras is accused of giving car accident details to Robert Guilhoux, a man allegedly hired by Arlington lawyer Loren Green.
Ambulance Chasing Is Illegal in Texas
Under Texas law, “ambulance chasing,” which is the act of direct personal or telephonic contact with a car accident victim, is prohibited during the first 30 days after the accident. However, the law does allow for lawyers to send out what is commonly referred to as a solicitation letter.
The purpose of making ambulance chasing illegal is to protect car accident victims from fraud. Although personal information on a police report is generally public information, it cannot be given to a lawyer unless the victim hired the lawyer to represent them.
Plaintiff’s Lawyer Alleges “Criminal Enterprise” and “Civil Conspiracy”
In the lawsuit filed against Monjaras, the plaintiff’s attorney, Tom Carse, alleges that she along with Attorney Green, Green’s assistant Jeffrey Gipson, and Robert Guilhoux are a “criminal enterprise” and involved in a “civil conspiracy.” Phone records belonging to Guilhoux were subpoenaed by Carse. The records showed that Monjaras and Guilhoux exchanged texts and phone calls 68 times. Guilhoux denied knowing Monjaras in a deposition. Attorney Green stated during deposition that Guilhoux was a non-employee paid for marketing services.
The lawsuit alleges that Guilhoux acted as an accident investigator and went to the victim’s home. Guilhoux is accused of convincing the accident victim to sign an agreement to have Attorney Green as their attorney and medical release waivers. Attorney Green’s firm is accused of contacting Farmers Insurance to inquire about settling on behalf of the victim as well as trying to schedule chiropractic appointments.
The State of Texas allows accident victims who are illegally solicited by lawyers to sue them and recover a $10,000 penalty as well as other financial compensation.
Many Car Accident Victims Don’t Know What to Do After an Accident
Unfortunately, many car accident victims don’t know what to do after they’re involved in an accident. As Dallas car accident attorneys, Thompson Law is honored to help by providing readers with the following tips:
- Your health and safety, as well as the health and safety of others involved, is the most important thing. Determine if there is a medical emergency. If there is, call 911.
- If there’s no emergency, call non-emergency police. The police will arrive and create a police report. The police report is important because it helps the insurance company and the court, if necessary, determine liability. The police will also help the parties exchange personal and insurance information.
- Take photos of the damage to your vehicle and the other vehicles. Also, take photos of the condition of the road, a photo that verifies the time of day, and something that helps identify the location (such as a street sign if one is near). If you have injuries, even minor ones, take photos of those.
- Get medical care. Make an appointment with your doctor or go to an urgent care clinic. It can be hard to tell if you’re injured directly after an accident. Waiting can make even minor accidents worse. Serious injuries, such as internal bleeding, sometimes don’t have obvious symptoms.
- Notify the insurance company of the accident.
- Call a Dallas car accident attorney to learn about your potential rights.
Thompson Law – Here to Help
Thompson Law has a team of Dallas car accident attorneys on call 24/7. We’re here to help accident victims protect their rights and make sure that they’re treated fairly. Call us right away to discuss your potential case: 1-800-LION-LAW. The call is free and confidential.