Understanding the basics of car accident insurance claims in Texas is essential if you need to seek compensation for damages or injuries after a crash.
Understanding the fault-based system that Texas adheres to in car accidents is crucial. This system dictates that the party deemed at fault for the accident compensates the injured party for the amount for which they are accountable. Simply put, if the other driver ran a red light, was intoxicated, speeding, or otherwise negligent when they hit and injured you in a crash, that driver is at fault. This understanding forms the basis of your compensation claim.
Evidence is critical in car accident claims. This is why it’s vital to involve the police, ensure an official report is filed, and document the accident scene with photos and witness contact information. These records support your claim and establish the other driver’s liability.
In most cases, the injured party will pursue the at-fault party’s car insurance coverage for their damages instead of the driver directly. This is when the claim process begins.
Step One: Filing a Claim with the Insurance Company
When you file a claim against an at-fault driver’s insurance coverage, their provider will not simply take your word that their policyholder was liable.
The insurance company will conduct an investigation into the accident to determine liability and assess the extent of damages. This may involve reviewing police reports, obtaining witness statements, and assessing property damage and injuries.
The insurance company will evaluate the damages resulting from the accident, including property damage, medical expenses, lost wages, and pain and suffering. They may request documentation like medical bills, repair estimates, and proof of lost income.
Step Two: Negotiating a Settlement
Once the claim is evaluated, the insurer will unlikely agree with your claim assessment or the damages. Even with all the necessary documentation, insurance representatives have extensive training in delaying, disputing, undervaluing, and denying claims.
This is where having an experienced car accident and injury attorney by your side can help.
Without an attorney, the insurance company may offer a settlement amount less than your actual damages. Providing a quick, lowball settlement is to get the injured party to accept it while they are most vulnerable and need the money.
Taking a settlement offer without speaking with an Austin personal injury attorney could result in you having to pay for some of your expenses—like ongoing or future medical care—out of pocket.
It is essential to consider the full extent of your damages before accepting any settlement offer.
A skilled personal injury attorney can help, even if you pursued your auto accident claim independently first and were unhappy with the insurance company’s initial settlement offer.
Step Three: Contact Glen Larson Law Injury Attorneys
Our car accident and injury attorneys can accurately assess the full extent of your damages, including medical expenses, future medical needs, lost wages, pain and suffering, and other non-economic damages, to ensure that all relevant damages are accounted for in the settlement negotiations.
Our lawyers are skilled negotiators who know how to advocate for our client’s best interests. We negotiate from a position of strength, leveraging the evidence and legal arguments to secure a favorable settlement.
Once we reach a settlement agreement with the insurance company, you’ll sign a release form, forfeiting your right to pursue further compensation for the accident. The insurance company will issue a check to cover the agreed-upon damages if a settlement is reached. Only after we win your case will we deduct our legal fees from the settlement total and pass the balance onto you.
If a settlement cannot be reached, we may file a lawsuit against the at-fault party to seek compensation through the court system.
Remember, every car accident case is unique, and the specifics can vary based on factors like the accident’s severity, the extent of injuries, and the at-fault party’s insurance coverage.
Contact Our Skilled Car Accident and Injury Attorneys
If you or someone you love was injured in a crash caused by negligence in Texas, call our skilled car accident and injury attorneys at (512) 883-0277 or contact us online today to schedule a free consultation.
We pursue dedicated, driven results for our clients, and there is never a charge to talk to an attorney. We stand ready to help you.
