As a car accident victim, you may be dealing with a lot of stress, trauma and confusion regarding what comes next. You may have serious or painful injuries, as well as highly inconvenient property damage and a complicated car insurance claim.
Unfortunately, an insurance company may try to take advantage of your inexperience with the claims process and your vulnerable circumstances to save itself money on your claim. The more you know about the car accident settlement process in Texas, the easier it will be to protect your rights.
You should always discuss your car accident case with a skilled and qualified Austin personal injury attorney for an in-depth review of your particular circumstances. Don’t sign a settlement agreement until you’ve consulted with a lawyer.
What Are My Responsibilities as a Car Accident Victim?
The first thing to know is that there are steps you can and should take as a crash victim to protect yourself and start building your claim from the early days after a car accident. You have certain responsibilities as someone wanting to recover financial compensation for the collision.
These responsibilities include:
- Get medical care. Always get professional medical treatment for injuries after a car accident. Even if you initially feel fine, you could have delayed injuries with hidden symptoms. Keep up with your doctor’s treatment plan as you recover.
- Collect evidence. It’s in your best interest after a crash occurs to gather as much evidence as you can. While you’re still at the scene of the crash, take pictures and speak to eyewitnesses. Call the police to obtain an accident report, as well.
- File a claim. You have the right to file a claim with the insurance provider of the at-fault party after a car accident in Texas. You should start by calling your own insurer to notify them of the crash. Then, pursue compensation from the at-fault driver.
- Prove fault. To achieve a car accident settlement in Texas, you or your attorney must prove that the accused party is at fault. This is how Texas’s fault-based insurance law works. You must prove the other driver’s fault as more likely to be true than not true.
- Communicate with a lawyer. No one will protect your legal rights like an Austin car accident lawyer. It’s up to you to reach out to an attorney to discuss your case and learn about your legal rights before making harmful mistakes during your claim.
It’s also important to know what not to do, such as not admitting fault, delaying medical care and giving an insurance company a recorded statement. Knowing these duties and doing what you can to build a strong car accident case can give you better odds of achieving the case results that you need.
What Does the Insurance Claims Process Look Like?
Now that you understand your responsibilities after a car accident, it’s time to take a look at what to expect from the insurance claims process. This can help you prepare for what comes next. While every case is unique, in general, a car accident insurance claim in Texas contains the same key phases.
Claims Filing
First, you or your car accident attorney will file the claim. This may require investigation by your lawyer to determine the identities of the at-fault party or parties. You may be able to hold more than just the other driver liable, or financially responsible, depending on the circumstances. File a claim with the at-fault party’s insurance provider right away.
Insurance Investigation
The automobile insurance provider will look into your claim and launch an investigation. Its claims adjuster may review various types of evidence: both evidence of fault and your injuries and losses. It will use this information to determine liability.
Settlement Negotiation
If the insurance company accepts your claim, it will offer you a certain amount of money to resolve the legal dispute. This is known as a settlement offer. It’s critical not to rush into a fast settlement or accept the first offer without bringing it to a lawyer for review. Insurance companies often try to protect themselves by undervaluing claims.
If a car accident lawyer believes you deserve more for your losses, he or she can take over negotiations with a claims adjuster on your behalf to argue for a higher amount. Your lawyer can hire experts and take other steps to build the strongest possible claim with a focus on making you whole again.
Payout
Once a settlement is reached, expect a check with your payment within just a few weeks. Depending on the terms of your agreement, you may receive your settlement as a lump sum or in installments. If you have an attorney, he or she will deduct attorney’s fees, pay any unpaid medical bills or liens associated with your case, and then give you the remaining amount.
What if My Claim Is Denied?
Don’t give up if your car accident claim initially gets rejected by an insurance company in Texas. Insurance carriers may deny coverage even for valid claims as a strategy to protect their own profits. A denial may be easily reversed if the issue can be resolved, such as by providing the insurance company with further information or documentation.
A car accident attorney can help you request an internal or external review of your denied claim to get the decision changed. If necessary, your attorney can bring your rejected car accident case to trial by filing a lawsuit to seek fair and full financial compensation for your crash-related injuries.
When to Seek Legal Counsel
You cannot trust a car insurance company to protect your best interests during the claims settlement process. However, you can trust a car accident attorney. Unlike an insurer, an attorney wants you to get the most from your claim so that you can be made whole again and move forward with confidence and peace of mind.An attorney can guide you through every step of the car accident settlement process from the initial case evaluation to getting a check. If your case needs to go to trial to achieve fair results, your lawyer can represent you in the courtroom, as well. For more information about a car accident insurance claim, contact FVF Law Firm for a free, no-pressure consultation.
