Hiring a car accident attorney can make a difference in the outcome of your claim. A lawyer has the legal knowledge and experience to understand the value of your case and help you pursue a fair resolution. And this difference goes beyond the compensation you receive.
A Texas personal injury lawyer can provide advice about how to deal with claim denials and advocacy to overcome them. Your legal counsel can also protect you from abusive insurance company tactics and even hold the insurer’s metaphorical feet to the fire to keep your claim on track.
The Car Accident Claim Process in Texas
Texas uses a fault-based insurance system in which every car owner must buy bodily injury liability (BIL) coverage with their auto insurance. After a collision, accident victims file claims against the at-fault driver for their losses. In other words, a driver’s BIL coverage does not pay the driver for their injuries. Instead, a driver’s BIL coverage only pays third parties they injure.
When you file a claim with the at-fault driver’s auto insurer, you will describe what happened and how it affected you. The claim often requires supporting documents such as accident reports, medical bills and wage records.
The insurer assigns your claim to a claims adjuster who investigates to determine whether the liability for your accident falls on the policyholder. If it does, the insurer must pay you, up to the policy limits, on behalf of the policyholder.
This sounds simple, particularly when you have a crash report, witness statements and other evidence proving the other driver caused your accident. But insurers have a financial incentive to pay you as little as possible. Many insurers employ tactics to pressure you into dropping your claim or settling for less than fair value.
For example, an adjuster might:
- Deny your claim on technical grounds
- Shift blame to you for the accident
- Reject some of your losses
- Delay processing of your claim
- Make a lowball settlement offer
- Refuse to negotiate
Many accident victims lack the experience and legal knowledge necessary to counteract these tactics and walk away with a fair settlement.
Benefits of Hiring a Personal Injury Attorney For a Texas Car Accident Claim
According to surveys, accident victims hire lawyers for many reasons, including:
- A doctor, friend, or relative recommended hiring a lawyer
- They wanted to get the highest settlement possible
- Their claims were delayed
- They were unhappy with the settlements offered
Once you hire a lawyer, you benefit in several ways, including:
Getting an Accurate Claim Evaluation
You need to understand the merits and value of your claim early in the process. This means you need to know the strength of your legal claim and how to prove negligence. You also need to know what evidence helps you or works against you. This knowledge will help you and your lawyer put together the legal arguments that will get a fair outcome in your case.
But to do this, you also need to know what a fair outcome might look like. A lawyer can estimate the value of your case by reviewing your financial records and talking to you about your injuries. This estimate will tell you when the insurer offers a fair settlement.
Understanding Your Legal Position Throughout Your Case
One of the critical roles of a lawyer is to provide legal advice. As you proceed through your case, your lawyer will continually assess where you stand and what you can do to improve your position.
During the insurance claim, the lawyer will gather the records necessary to prove your losses and tie them to your accident. They will also respond to any requests for information from the adjuster.
If the insurer denies your claim, your lawyer will assess the adjuster’s reasons and advise you of your legal options. In some cases, the lawyer can respond to claim denials with additional evidence or legal arguments. In other cases, the lawyer will advise you to move on from the insurance claim and file a lawsuit.
Keeping Watch on the Insurer
An injury lawyer has experience dealing with insurers and their lawyers.
They understand the legal obligations of insurers to:
- Meet timeframes for responding to communications and deciding claims
- Make a good faith effort to settle claims once the claimant proves liability
- Explain the reasons for claim denials or reductions
If an insurer fails to meet their obligations, the lawyer can remind them. If the insurer persists, you may have a bad faith insurance claim against them. This type of lawsuit opens the door to recovering compensation from the at-fault driver for their negligent driving and from the insurer for their bad faith handling of your claim.
Negotiating With the Adjuster
The adjuster will most likely make a settlement offer below the value of your case.
They do this for a few reasons:
- Some claimants accept the low offer
- Many claimants get so frustrated with the process that they accept any offer
- Low offers leave room to negotiate
For good or bad, negotiation is part of the process. An injury lawyer will send a counteroffer to the adjuster and try to work out a fair resolution to your claim.
Filing a Personal Injury Lawsuit
A lawyer may advise you to file a lawsuit for several reasons, including:
- The insurer will not offer a fair settlement
- The insurer persists in an incorrect claim denial
- The time to file your claim under the Texas statute of limitations has almost expired
A lawsuit is a dispute resolution process. The parties exchange evidence during discovery. If they cannot reach an agreement, they will present their cases to a judge and jury. The jury determines the facts of the case. If the jury finds in your favor, it will use your records to award damages.
Most personal injury lawsuits never reach trial. But you need a litigator who can assemble a winning case so you can push the insurer to settle fairly.
Hiring a Texas Personal Injury Lawyer After a Car Crash
Most Texas personal injury attorneys offer a free consultation. You will use consultations to learn about your case and interview lawyers. When you find a lawyer you like, you will hire them by signing a contingency fee agreement. This agreement will set out the terms of the lawyer-client relationship, including the legal fee you will pay.
Your lawyer will serve as your trusted legal advisor and advocate. The lawyer will protect your legal rights and ensure fairness as you pursue compensation.
Alton Todd, the founder of The Law Firm of Alton C. Todd Personal Injury Lawyers, brings over 52 years of expertise as a personal injury lawyer. Contact us to schedule a free consultation at his Friendswood or Galveston, TX office today.
